SC issues contempt notice over demolition in Maharashtra without notice

The Supreme Court on Monday issued a contempt notice to the administrator of a municipal council in Maharashtra on an alleged punitive demolition of the shop and residence of a person belonging to the Muslim community without serving prior notice in violation of the court’s pan-India guidelines.

A bench of justices Bhushan R Gavai and Augustine George Masih sought a response from Santosh Jirage, the chief officer and administrator of Malvan municipal council in Sindhudurg, on scrap dealer Kitabulla Hamidulla Khan’s petition.

The petitioner claimed that the demolition took place a day after a first information report (FIR) was lodged against him, his wife, and his minor son on the allegation that they raised anti-India slogans during the India-Pakistan cricket match last month. He alleged ruling Bharatiya Janata Party (BJP) lawmaker Nilesh Rane sought demolition of the property following a bike rally seeking action against Khan. He added the same day the civic authorities demolished his tin shed shop and residence terming them “illegal”.

Advocate Fauzia Shakil, appearing for Khan, said, “This case pertains to the demolition of a house and shop by the local authorities without serving any notice to the petitioner.”

The court issued notice on the petition to examine the allegations. Khan’s petition reproduced the contemnor official’s statement to the media days after the demolition, admitting no notice was served before the demolition on February 24 when Khan and his wife were in police custody.

Khan said he is a law-abiding citizen and denied the allegations of raising anti-India slogans. He added some people thrashed his minor son on February 23 while he was returning from the mosque after asking his name. A mob later landed at his house and abused him, he added. Khan said they were taken to the police station where the complaint was lodged against them for promoting enmity and words prejudicial to national integrity.

In November 2024, the Supreme Court issued guidelines asking authorities to ensure demolitions are not arbitrary and discriminatory. It set out the process for undertaking such an exercise. The court said that no demolition should be carried out without prior show cause notice. It added a minimum 15 days should be granted from the date of receipt of such notice for response.

The court said the notice should to be served by registered post and the designated authority can to pass a final order after granting a personal hearing. If the order requires demolition, the same would not be implemented for 15 days to enable appeal.

Khan highlighted these aspects in his plea. “The present case is an example of egregious contempt and demonstrates how the state machinery is violating the guidelines with impunity.”