21-Apr-2025 07:59 PM
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New Delhi, Apr 21 (Reporter) The Supreme Court on Monday issued a notice and directed that status quo be maintained on a contempt petition alleging unlawful demolition of a private property by Rajasthan authorities.
The petitioner claims the demolition was carried out in clear contravention of the Apex Court’s ruling delivered on November 13, 2023, in the matter pertaining to demolitions and procedural safeguards.
A bench comprising Justice B.R. Gavai and Justice A.G. Masih passed the directions after hearing Senior Advocate Sanjay Hegde, who appeared on behalf of the petitioner.
At the beginning of the hearing, Justice Gavai questioned the petitioner’s decision to directly approach the Supreme Court rather than seeking relief from the jurisdictional High Court. “Why not approach the High Court first? If everything comes here, cases won’t be listed for a year,” Justice Gavai remarked.
In response, Hegde argued that the top court had already entertained similar petitions slated for hearing later this month. He added that the petitioner held a valid court decree affirming ownership of the demolished property, and the requisite regularization charges had already been paid.
Despite prior legal notice to the authorities, the structure was razed the following day.
“Even after being notified, the Collector refused to stop. Sometimes, these young Collectors act impulsively,” Hegde submitted.
“There’s a growing pattern here, a kind of contempt spreading like a contagion. Our efforts feel futile; it’s like we’re writing in water,” the Court said.
The court, acknowledging the gravity of the situation, proceeded to issue notice in the matter.
It also directed that status quo be maintained at the site, particularly in light of claims that a nearby Veterinary Hospital is now eyeing the disputed land.
The plea, filed through Advocate-on-Record Anas Tanwir, challenges the demolition of a residential property situated on Air Force Road near the Veterinary Hospital in Jaisalmer, Rajasthan.
According to the petition, the petitioner’s legal title to the property had been affirmed through a 2013 court decree and a compromise deed, and the authorities were fully informed before carrying out the demolition on January 22, 2025, without any prior notice or hearing.
The petition states that this act amounts to “willful disobedience” of the Supreme Court’s binding guidelines, especially its November 13 judgment, which mandated procedural fairness in all demolition actions.
Calling the act “a calculated defiance of judicial authority,” the petitioner warned that unchecked violations of this nature would weaken public trust in the judiciary and embolden arbitrary state action.
The court will now take up the matter after the issuance of notice...////...