Gujarat High Court Takes Action in Contempt Case Over Demolitions
The Gujarat High Court has issued formal notices to multiple authorities in a significant contempt of court case. A division bench of the court directed notices to the Gujarat government, twelve officials from the Ahmedabad Municipal Corporation, and the Ahmedabad City Police.
Demolition Dispute in Rakhial Area
This legal action stems from the demolition of two residential structures in Ahmedabad's Rakhial area. The petitioners claim these demolitions violated specific guidelines established by the Supreme Court of India.
The High Court passed this order on January 8. The court made the order copy available on Tuesday and scheduled the next hearing for February 2.
Petitioners' Legal Battle
Saiyda Banu and her son Bhuraji Sikander Ahemad filed the petition through their lawyer, Nitish Nair. They allege "willful and deliberate disobedience" of Supreme Court directions.
The High Court order references a Supreme Court writ petition from November 24, 2024, concerning demolition procedures. The top court had issued clear directions that no demolition should occur without proper prior notice.
Supreme Court GuidelinesThe Supreme Court mandated that authorities must issue a show-cause notice before any demolition. The notice should allow time for response according to local municipal laws or at least fifteen days, whichever period is longer.
The Supreme Court did specify exceptions. These guidelines do not apply to unauthorized structures in public spaces like roads, footpaths, or areas near railway lines and water bodies. They also do not apply when a court of law has already ordered demolition.
Sequence of Events Leading to Court Case
The petitioners received their first notice under the Bombay Provincial Municipal Corporation Act on December 24, 2024. This notice gave them only two days to file a reply, which they submitted on December 26.
On that same day, December 26, the AMC issued another notice under the same act. The petitioners then immediately filed a civil suit in the City Civil & Sessions Court in Ahmedabad.
The Sessions Court issued a notice on January 1, 2025, and scheduled further hearing for January 4, 2025. The AMC received this court notice on January 1.
Despite this legal proceeding, the Ahmedabad Municipal Corporation proceeded with the demolition of the residential structures on January 2, 2025.
Legal Proceedings and Contempt Petition
Petitioners' lawyer Nitish Nair explained their legal strategy. They initially moved a contempt petition before the Supreme Court, arguing the respondents' actions violated the top court's November 2024 guidelines.
The Supreme Court disposed of that petition but granted the petitioners liberty to file appropriate proceedings before the High Court. This led to the current contempt of court petition now being heard in Gujarat High Court.
The case highlights the tension between municipal authority actions and judicial oversight. It raises important questions about compliance with Supreme Court directives regarding demolition procedures.
All parties must now respond to the High Court notices as the legal process continues. The February 2 hearing will determine the next steps in this contentious case.
