SC issues notice to UP officials over Kushinagar mosque demolition: ‘Why shouldn’t contempt proceedings be initiated?’

In its verdict, the top court laid down pan-India guidelines and barred demolition of properties without a prior show cause notice and 15 days’ time to the aggrieved party to respond.

On Monday, the court restrained the authorities from carrying out any further demolition at the Madni mosque site until further orders. It gave them two weeks to respond to the notice.

Appearing for the petitioners, Senior Advocate Huzefa Ahmadi contended that no notice had been issued in respect of the demolished structure, which amounts to “egregious” contempt of the court’s November 13 judgment.

Ahmadi submitted that after the SDM, who reported that the structure was in accordance with the sanction plan, was transferred before the police and authorities demolished it. He added that an unauthorised portion of the mosque was removed by the petitioners themselves.

The bench said in the order: “It is submitted 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. He further submits that though the said sanction was sought to be revoked, by the order of the High Court dated 12.02.2006, the said revocation was set aside… the effect being that the sanction is still in vogue.”

“He further submits that on the basis of a complaint, the matter was enquired by the Sub Divisional Magistrate (SDM). The SDM carried out an inspection and also issued a press note on 22.12.2024. As per the inspection, the construction was found to be in accordance with the sanction plan. It also notes that the construction which was found to be non-sanctioned was removed by the petitioners themselves,” the order read.

“It is submitted that in these premises, the demolition which was made is in egregious contempt of the directions issued by this court. Issue notice as to why proceedings for contempt should not be initiated against the respondents… returnable in 2 weeks… Until further orders, there shall be no demolition of the structure in question,” the order said