NEW DELHI: The Supreme Court on Monday issued a notice to Uttar Pradesh authorities on a contempt petition over the demolition of part of the Madni Mosque in Kushinagar, allegedly in violation of its November 13, 2024, order restraining demolitions without prior notice and an opportunity for a hearing.
A bench of Justices B R Gavai and A G Masih sought a response from the concerned officials on why contempt proceedings should not be initiated against them. "Until further orders, there shall be no demolition of the structure," the bench ordered.
The petitioners argued that the structure stood on private land owned by them and was constructed with municipal approval in 1999.
"It is submitted (by the petitioner) that the structure in question was constructed on private land owned by the petitioners. The construction thereon was also with the due sanction of municipal authorities as per the sanction order of 1999," the court recorded.
The bench also noted the SDM’s inspection, which found the construction to be in accordance with the sanctioned plan. "It also notes that the construction which was found to be non-sanctioned was removed by the petitioners themselves. It is submitted that in these premises, the demolition which was made is in egregious contempt of the directions issued by this court," the order added.
The mosque committee had obtained a stay order from the high court until February 8. However, with the order expiring on February 9, the authorities proceeded with the demolition drive.
On November 13, 2024, the Supreme Court had laid down guidelines stating that no property should be demolished without a prior show cause notice and a 15-day response period. However, the directions do not apply to unauthorised structures on public land or cases where demolition has been ordered by a court.
The court has given UP authorities two weeks to respond.
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