The Supreme Court of India has disposed of a contempt petition filed against the Uttar Pradesh authorities over the alleged unlawful demolition of a property in Sambhal. The Court granted the petitioner the liberty to approach the Allahabad High Court for relief.

A bench comprising Justices BR Gavai and K Vinod Chandran ruled that the issue should be addressed by the appropriate jurisdictional High Court.

"We find that the issue can be best addressed by the jurisdictional High Court. We therefore dispose of the present petition with liberty to the petitioner to approach the jurisdictional High Court," the bench stated.

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The petitioner claimed that his property, a factory that served as the primary source of livelihood for his family, was unlawfully demolished by government authorities between January 10 and 11, 2025. The demolition was allegedly carried out without prior notice or a fair hearing, in direct violation of the Supreme Court's order dated November 13, 2024.

Despite requests from the petitioner’s counsel for an interim directive preventing third-party claims over the demolished property, the Court refused to intervene. Justice Gavai remarked:

"File before the High Court. In the judgment itself, we have given liberty... we have issued all necessary directions... in case there is any breach, the jurisdictional High Court will be entitled to entertain."

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The alleged violation stems from a previous Supreme Court ruling issued on November 13, 2024, where the Court established strict guidelines to prevent arbitrary demolitions. These guidelines include:

No demolition should occur without a prior show cause notice. The notice must be returnable either as per local municipal laws or within 15 days from the date of service, whichever is later.

A designated authority must provide the affected party with an opportunity for a personal hearing. The minutes of the hearing must be recorded, and the final order should include the petitioner’s arguments, the authority’s findings, and the reasoning behind the demolition decision.

The affected party must be given time to challenge the demolition order before the appropriate legal forum.

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Additionally, the Court warned that any violation of these directives could result in contempt proceedings.

"If a demolition is found to be in violation of the Court’s orders, the responsible officers will be held liable for restitution of the demolished property at their personal cost, in addition to paying damages," the ruling stated.

However, the Court clarified that these protections would not apply in cases where the unauthorized structure is on public property such as roads, footpaths, railway lines, or water bodies, or where there is a prior court order permitting demolition.

Case Title: MOHAMMED GHAYOOR v. RAJENDER PENSIYA AND ORS., Diary No. 2651 of 2025