Supreme Court Issues Notice To UP Authorities In Contempt Petition Over Part-Demolition Of Mosque; Stays Further Demolition

The Supreme Court today issued notice on a contempt petition filed against Uttar Pradesh authorities for alleged violation of judgment dated November 13, 2024 restraining demolition actions across the country without prior notice and opportunity of hearing.

A bench of Justices BR Gavai and AG Masih passed the order, stating,

"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 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 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 sanction 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. 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 Court added.

Briefly put, the petitioners claimed that on 09.02.2025, the authorities demolished the outer area and front of Madni Masjid situated at Hata, Kushinagar, UP in contravention of Supreme Court's judgment dated November 13. As per claims, the authorities did not provide them an opportunity of hearing prior to the demolition and the subject construction, stated to be beyond sanctioned plan, was compoundable. Besides contempt action against the authorities, the petitioners sought status quo at the site and restoration/compensation for the damage caused.

At the outset of the hearing, Justice Gavai remarked that the Court has been disposing of contempt petitions alleging violation of its November 13 judgment with liberty to the petitioners to approach jurisdictional High Courts.

Senior Advocate Huzefa Ahmadi (for the petitioners) however claimed that in the present case, there was "egregious" contempt of the Court's November 13 judgment, as till date, no demolition notice has been issued in respect of the demolished structure (which is on private land), there is an absolute sanction in place, and there was a report from the concerned SDM that the construction was in accordance with law.

He further highlighted that after the SDM gave said report, he was transferred away and the authorities came with police personnel and bulldozers to demolish the structure. Ahmadi also mentioned that after the High Court failed the attempt at revocation of sanction accorded for the structure/site, nothing happened for 2 decades. Only in December, 2024, a political leader made a complaint alleging that Asia's largest mosque would come up in the area, and the same set the ball rolling.

Admitting that a small part of the structure was found to be unauthorized during inspection, the senior counsel informed that the same was voluntarily removed by the petitioners. As such, there was egregious breach of the Supreme Court's orders in the present case.

Though notice was issued in the present case, earlier this month, the top Court disposed of another contempt petition filed against UP authorities for alleged violation of order dated November 13, 2024, while granting liberty to the petitioner to approach Allahabad High Court. A bench led by Justice Gavai orally remarked that the Court had issued all necessary directions in its November 13 judgment itself, including that aggrieved persons shall be at liberty to approach the jurisdictional High Courts.  

Supreme Court order alleged to have been violated

On November 13, the Supreme Court held that the executive cannot demolish the houses/properties of persons only on the ground that they are accused or convicted in a crime. A set of guidelines - to be followed before demolition - were issued by the Court. These included -

(i) No demolition should be carried out without prior show cause notice returnable either in accordance with the time provided in the local municipal laws or within 15 days time from the date of service, whichever is later.

(ii) Designated authority shall give an opportunity of personal hearing to the aggrieved party. The minutes of such a hearing shall be recorded. The final order of authority shall contain contentions of noticee, the findings of the authority and reasons, as to whether the unauthorized construction is compoundable, and whether the whole construction is to be demolished. The order should specify why the extreme step of demolition is the only option available.

(iii) After the orders of demolition are passed, the affected party needs to be given some time so as to challenge the order of demolition before the appropriate forum.

The Court also held that violation of the directions would lead to initiation of contempt proceedings in addition to prosecution. If a demolition is found to be in violation of the orders of the Court, the officers responsible will be held liable for restitution of the demolished property at their personal cost in addition to payment of damages.

Further, the Court clarified that that the directions would not be applicable if the unauthorized structure was in any public place such as road, street, footpath, abutting railway lines or any river body or water body and also in cases where there is an order passed by a Court of law.

What did the contempt petition say?

The petitioners claimed that when they pursued some renovation work in the Mehraab of the mosque, a local politician made a complaint to the Chief Minister on 17.12.2024 that Asia's largest mosque has been constructed on state land and the Muslim community has encroached upon the said land. Thereafter, inspections were conducted at the site by police officials and revenue authorities, however, the SDM gave a report that the mosque was constructed on Gata No.208 which belonged to the petitioners and there was no encroachment.

Thereafter, Nagar Palika Hata issued notice dated 21.12.2024 to the petitioners for removal of new construction, even though no new construction was going on. "in the garb of complaint dated 17.12.2024 filed by local Politician, Administration wanted to demolish the mosque which they have done on the day of 09.02.2024", the petitioners alleged.

They assailed the show cause notice before the High Court. On 08.01.2025, the High Court disposed of the petitioners' petition directing the Nagar Palika to consider and decide their objection within 2 weeks. Further, it granted interim protection from demolition for 3 weeks from the date of objection. In furtherance, the petitioners filed objections on 07.01.2025 and 16.01.2025, but neither a decision was rendered thereon by the authorities nor any demolition order passed.

Rather, in order to pressurize the petitioners, the Administration allegedly registered a false FIR against petitioner no.2 under S. 319(2),318(4),338,336(3),340(2),329(3) BNSS & Sections 2 & 3 of Prevention of Damage to Public Property Act on 25.01.2025.

Subsequently, on 09.02.2025, the authorities, without passing any decision on the petitioners' objection, came with 4 JCBs (bulldozers) and demolished the masjid (outer area and front).

"the administration has chosen Sunday 09.02.2025 to demolish the Madni Masjid, Hata, Kushinagar and have deployed huge Police Force of around 500 Police Personals, all the shops of Qasba Hata was closed and around 9 am the respondents have started demolishing the mosque and by the evening, they have destroyed the mosque from all the nook and corners. The mosque have been demolished from all the corners and have been turned in a dilapidated condition."

Insofar as the issue was regarding the mosque being beyond the sanctioned plan, the petitioners highlighted that the subject construction was compoundable in nature. They relied on a direction issued in the November 13 judgment, as per which, the final order of the concerned authority shall state why demolition of a property is the only available option and other options like compounding, etc. are not available.

The petitioners also claimed that a Supreme Court advocate representing them sent a Legal Notice dated 09.02.2025 to District Magistrate, Kushinagar intimating about the contempt of Court and praying for stoppage of the demolition, however, no heed was paid to it.

The petition has been filed through Advocate-on-Record Abdul Qadir Abbasi.

Case Title: AZMATUNNISA Versus VISHAL BHARDWAJ AND ORS., Diary No. 8034-2025 

Click Here To Read/Download Order