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The Supreme Court granted one-week interim relief to two property owners in Uttar Pradesh, temporarily halting further demolition of their properties. The court directed the petitioners to approach the Allahabad High Court for detailed examination while maintaining the status quo. It emphasized that demolitions require prior notice and adherence to due process, in line with its 2023 guidelines against arbitrary action. The protection does not limit the High Court from hearing the case on its merits, and the petitioners were instructed to file under Article 226 for urgent consideration.
The Supreme Court has provided a one?week interim protection to two property owners in Uttar Pradesh who were facing potential demolition of their premises. The court instructed that no further demolition should occur during this period and emphasized that the petitioners should approach the Allahabad High Court for comprehensive relief. The bench, comprising Justices Vikram Nath and Sandeep Mehta, observed that portions of the petitioners' properties, including residential spaces and a marriage hall, had already been partially demolished by local authorities. Advertisement
The court asked the petitioners why they had approached the Supreme Court directly instead of first seeking relief from the High Court, referring to its 2023 judgment on 'bulldozer?-ustice.' That ruling had established that demolitions without prior notice and a minimum 15?day response period, except in public areas or under prior court orders, are arbitrary executive actions. The Supreme Court reiterated that its interim protection does not prevent the High Court from examining the matter on merits and clarified that the petitioners should file under Article 226 for urgent hearing rather than under Article 32.
This order provides a brief pause, allowing the petitioners time to secure a hearing in the High Court while preventing further damage to their properties. Authorities are expected to maintain the status quo until the next legal steps are determined. The decision reinforces the importance of following due process and prior judicial approval before carrying out demolitions in Uttar Pradesh or elsewhere.
Source PTI
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