SC refuses urgent hearing on plea against demolition, asks petitioner to move HC

The Supreme Court on Monday declined to urgently hear a plea seeking protection against the demolition of a property, saying the petitioner must first approach the jurisdictional high court.

A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana refused to entertain the matter directly.

The counsel for the petitioner submitted that the authorities were proceeding with the demolition despite the existence of a duly sanctioned building plan. According to the petitioner, the construction had been raised pursuant to the sanctioned plan, while the authorities alleged that the structure had been built on land falling within a pond area.

The counsel urged the bench to grant immediate protection in view of the ongoing demolition.

The CJI declined to grant an urgent hearing or any interim relief.

Making it clear that the apex court would not entertain the matter at the first instance, the CJI said the petitioner should pursue the appropriate remedy before the high court concerned.  “Even if it is completely dismantled today, I will not...,” the CJI said.

The CJI also expressed concern over the growing tendency of litigants to bypass high courts and seek urgent intervention directly from the apex court.