Bulldozer demolitions: Supreme Court declines to hear contempt pleas, asks High Courts to decide

The Supreme Court has transferred a batch of contempt petitions alleging violations of its anti-demolition ruling to the concerned High Courts [In Re: Directions in the Matter of Demolition of Structures].

A Bench comprising Chief Justice of India Surya Kant, Justices Joymalya Bagchi and V Mohana was hearing multiple contempt pleas arising out of the Court's November 2024 judgment, which had laid down safeguards against demolishing the homes of persons accused of crimes.

Senior Advocate Huzefa Ahmadi, appearing in one of the contempt petitions, alleged illegal demolition of mosques in Somnath and said it was an "egregious violation" of the apex court's judgment. He urged the Court to intervene directly.

He submitted that the structure stood on private land backed by a registered sale deed and a sanctioned plan, and that the action followed a politician's letter questioning "how can you have Asia's largest mosque in this particular State."

The Bench held that the underlying disputes about whether property was public or private, whether construction exceeded sanctioned limits, and whether due process was followed involved contested facts that could not be resolved in contempt jurisdiction.

CJI Surya Kant noted that the 2024 judgment itself carved out exceptions for public-land encroachments, so invoking that exception turns the dispute factual rather than a straightforward compliance question.

Justice Bagchi clarified that the top court's 2024 ruling was never meant as blanket protection for illegal constructions.

Justice Mohana questioned whether such disputes from across the country could each come directly to the Supreme Court.

"All over India whatever happens, can everybody come directly to the Supreme Court?"

Senior Advocate Dr. S Muralidhar, in a separate matter, said his client's plea before the Madhya Pradesh High Court was rejected on the ground that the authority had no notice of the Supreme Court's judgment, prompting the appeal.

The Bench set aside that High Court order and relegated the contempt proceedings, along with case records, to the jurisdictional High Courts for inquiry directly or through district courts into whether the property was public or private, whether construction was unauthorised, and if so, whether due process was followed before demolition.

Interim protection against further demolition will continue during the High Court proceedings, which the Court asked be decided within four months.

"We have not expressed any opinion on the merits of the allegations or counter-allegations made by the parties," the Bench clarified.

Senior Advocates Huzefa Ahmadi, CU Singh and Dr. S Muralidhar appeared for the petitioners.

Additional Solicitor General Aishwarya Bhati appeared for the respondent.

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