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SC defers hearing on contempt plea against UP authorities

Legally SpeakingSC defers hearing on contempt plea against UP authorities

New Delhi: The Supreme Court on Friday deferred the hearing of a contempt petition against Uttar Pradesh authorities by one week, following a request from the petitioner’s lawyer for an adjournment due to the unavailability of the arguing counsel.

The contempt petition, filed by Mohammed Ghayoor, alleges that his property in Sambhal was demolished by authorities on January 10 and 11, 2025, in violation of the court’s November 13, 2024, order.

The earlier judgment mandated that no demolition should occur without prior notice and an opportunity for the affected party to respond.

A bench of Justices B.R. Gavai and A.G. Masih postponed the hearing to allow the petitioner’s counsel to present their arguments.

According to the petition, the demolished property—a factory—was the sole source of income for Ghayoor and his family. The petitioner claims the authorities acted without issuing a prior show-cause notice or granting a hearing, thereby disregarding the Supreme Court’s clear directives.

The November 2024 judgment laid out comprehensive guidelines to prevent arbitrary demolition actions across India. It emphasized that authorities must issue a show-cause notice and provide a 15-day response period before proceeding with any demolition. These protections were designed to safeguard individuals’ livelihoods and property rights.

However, the court clarified that the guidelines do not apply in specific cases, such as:

– When demolitions target unauthorized structures in public spaces like roads, streets, footpaths, areas abutting railway lines, rivers, or water bodies.

– When a court of law has issued a demolition order.

Ghayoor’s plea underscores the critical impact of the demolition on his family’s livelihood, urging the court to hold the authorities accountable for violating its binding directives.

The matter will now be taken up by the Supreme Court after one week, offering an opportunity to further examine the alleged non-compliance with the November 2024 judgment.

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