The Supreme Court on Thursday granted a week-long interim shield to a 75-year-old Uttar Pradesh resident whose property is facing demolition, allegedly without adherence to principles of natural justice. The Court noted that while part of the structure — comprising a residence and marriage hall — had already been razed, further coercive action must be halted for now.

 

A Bench of Justices Vikram Nath and Sandeep Mehta passed the order after hearing Senior Advocate Rauf Rahim, who appeared for the petitioners under Article 32. Although the Court was initially reluctant to entertain yet another demolition-related challenge directly, it permitted liberty to approach the Allahabad High Court, particularly invoking the safeguards in the Supreme Court’s recent judgment against “bulldozer action”.

 

Observing that the petition essentially concerned enforcement of procedural protections, the Bench stated that the High Courts are the appropriate constitutional forums in such matters. Justice Nath noted that urgent matters, especially those involving demolition, are often listed the same day before the High Court when justified.

 

The petitioner also sought orders for restoration of the demolished portion or compensation, besides a direction to produce the demolition record and action against officials for allegedly bypassing due process.

 

Rahim urged immediate intervention, informing the Court that officials with a bulldozer were still stationed at the site and could proceed the moment the petitioner returned home. Responding to this concern, the Supreme Court ordered status quo for one week to enable the petitioner to seek relief from the High Court.

 

The petition was filed by AoR Waseem Akhtar Khan.

 

This case arises in the backdrop of the Court’s significant November 13, 2025 ruling against punitive demolitions. In that decision, the Supreme Court made it clear that the State cannot order demolition merely because a person is accused or convicted in a criminal case, and laid down specific due-process mandates, including:

 

Prior show-cause notice with adequate time for response (minimum 15 days or per local laws)

Opportunity of personal hearing, with recorded minutes and detailed reasoned order evaluating whether demolition is the last resort

Reasonable time for legal challenge after a demolition order is passed

 

Since those guidelines, several petitions alleging violations have reached the Supreme Court — some entertained, others redirected to the concerned High Courts.