Image Source: The Wire
The Supreme Court declined a contempt petition regarding unlawful demolition that was carried out in the states of Rajasthan, UP, and Uttarakhand in violation of the Supreme court’s previous orders. On September 17, the Supreme Court gave an order to stay all demolition in the country until further notice without any permission, although it clarified that this stay doesn’t apply to unauthorized construction on public roads, railway lines, water bodies, and public places.
SC dismisses contempt plea against officials of Rajasthan, UP, and Uttarakhand regarding allegedly “unlawful” demolition. The contempt petition was questioned upon officials of Rajasthan, Uttar Pradesh, and Uttarakhand, alleging that they had engaged in “unlawful” demolition of people’s properties.
These demolitions were claimed to be conducted in violation of established legal procedures and possibly as an act of retribution, particularly in cases involving social or political unrest. The petitioners argued that these actions went against the Supreme Court’s ruling or principals that protect citizens rights to property and due process. The NFIW plea had cited instances of demolitions carried out in the three states and had also made the district magistrates of Haridwar, Jaipur, and Kanpur party to the contempt petition.
Image source: Deccan Herald
Court Hearing on the Contempt Petition
On November 24, a bench of justices BR Gavai, KV Vishwanathan, and Prashant Kumar Mishra noted and said that the plea filed by the National Federation of India Women (NFIW) was based largely on newspaper reports and on those videos that were shared on social media platforms, and there is not any solid and valuable evidence to prove that its order had been violated.
Justice Gavai said, “You are a third party.” “What is your complaint? Let the affected ones come; we will take. This will open a flood of litigation.”
In the absence of solid proof, the Court dismissed the contempt plea, stating it was not an aggrieved party.
In this country there is no provision or law that allows for the demolition of property without informing and notice as punishment measures like this. This type of practice has become commonplace mainly in northern India.
A report of the Amnesty International body said in February that between April 2022 and June 2022, around 128 structures were bulldozed in the state of four BJP-governed states and one Aam Aadmy Party state, and most of them belonged to the Muslims.
Moreover, the Supreme Court clarified and dismissed the petition, and demolition carried out under a court order was also exempt from this direction.
