New Delhi: The Supreme Court on Friday (January 24) posted after week a plea seeking contempt proceedings against authorities in Sambhal, Uttar Pradesh for allegedly violating top court’s pan-India direction on demolition of properties.
A bench comprising Justice BR Gavai and Justice was hearing a plea alleging demolition of part of petitioner’s properties in by Sambhal authorities on January 10-11 without a prior notice to him or his family members in violation of top court’s November 24 order.
Bench posted the matter after a week after petitioner’s counsel requested court for adjournment
The bench posted the matter for hearing after a week after the counsel representing the petitioner requested the court to hear the matter after a week, submitting that the arguing counsel was in personal difficulty.
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What has the petitioner said?
The petitioner said in his plea that he and his family members had all the necessary documents, approved maps and other related documents of the property but, the authorities came to the premises of his property and started demolishing it in violation of the top court order.
The petitioner, while claiming that the action of the authorities was in complete violation of the top court verdict, has sought initiation of contempt proceedings against the authorities, to restrain the authorities from creating any third party interest in the premises and a direction to the authorities to maintain status quo as on January 11.
Apex court passed slew of directions on use of bulldozers in November last year
The apex court on November 13 laid down pan-India guidelines on the use of bulldozers by state governments for demolition of properties of accused of crimes as a punitive measures without following due procedure of law. It said that no demolition should be carried out without prior show cause notice returnable either in accordance with the time provided in local municipal laws or within 15 days from the date of service, whichever is later and the notice shall be served on the owner by registered post and shall also be fixed on outer portion of structure. It further said that proceedings of demolition shall be video-graphed and video-recording shall be duly preserved.
The top court further said that if demolition is found to be in violation of its orders, officers concerned will be held responsible for restitution of property at their personal cost in addition to payment of damages and directed all states to issue circulars to district magistrates and local authorities, intimating them about directions issued by it.
The apex court, however, said that its directions on use of bulldozer will not be applicable if there is unauthorised construction on public land or if there is an order of demolition by the court of law.
