The Supreme Court on Monday refused to urgently list a petition seeking protection against the demolition of a property, directing the petitioner to first avail the alternative remedy before the jurisdictional High Court.
The matter was mentioned before the Bench led by Chief Justice of India (CJI) Surya Kant, seeking same-day listing on the ground that the authorities were proceeding with the demolition despite the existence of a sanctioned building plan.
The counsel for the petitioner submitted that although the authorities claimed the structure had been constructed over a pond area, the building had been erected pursuant to a duly sanctioned building plan, and the demolition was being carried out despite the approved construction.
The CJI, however, declined to grant an urgent hearing or extend any interim protection against the proposed demolition. The Court indicated that it would not entertain the matter directly even if the demolition was done today and maintained that the petitioner must first approach the competent High Court under its writ jurisdiction.
While refusing the request for urgent listing, the Chief Justice also expressed disapproval over the growing practice of litigants bypassing High Courts and invoking the Supreme Court’s extraordinary jurisdiction under Article 32 of the Constitution for urgent relief in matters that could be effectively adjudicated by the jurisdictional High Court under Article 226.
The Apex Court declined to list the matter urgently and directed the petitioner to seek appropriate relief before the concerned High Court.
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