The court is examining whether the failure to provide the mandatory 15-day show cause notice before demolition, as directed by the Supreme Court, constitutes willful disobedience and contempt of court.

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned advocate Mr. Nitish M. Nair for the applicants.

2. It was submitted by learned advocate Mr. Nitish Nair that this petition is filed due to alleged contempt for willful and deliberate disobedience of the directions of the Hon’ble Supreme Court in the order dated 13.11.2024 in the Writ Petition (Civil) No.295 of 2022 and connected matters by which the directions in the matter of demolition of structure are issued. Learned advocate Mr. Nitish M. Nair invited the attention of the Court to the following directions issued by the Hon’ble Apex Court.

“91. At the outset, we clarify that these directions will not be applicable if there is an unauthorized structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also to cases where there is an order for demolition made by a Court of law.

A. NOTICE

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

ii. The notice shall be served upon the owner/occupier by a registered post A.D. Additionally, the notice shall also be affixed conspicuously on the outer portion of the structure in question.

iii. The time of 15 days, stated herein above, shall start from the date of receipt of the said notice.

iv. To prevent any allegation of backdating, we direct that as soon as the show cause notice is duly served, intimation thereof shall be sent to the office of Collector/District Magistrate of the district digitally by email and an auto generated reply acknowledging receipt of the mail should also be issued from the office of the Collector/District Magistrate. The Collector/DM shall designate a nodal officer and also assign an email address and communicate the same to all the municipal and other authorities in charge of building regulations and demolition within one month from today.

v. The notice shall contain the details regarding:

a. the nature of the unauthorized construction.

b. the details of the specific violation and the grounds of demolition.

c. a list of documents that the noticee is required to furnish along with his reply.

d. The notice should also specify the date on which the personal hearing is fixed and the designated authority before whom the hearing will take place;

vi. Every municipal/local authority shall assign a designated digital portal, within 3 months from today wherein details regarding service/pasting of the notice, the reply, the show cause notice and the order passed thereon would be available.”

3. Referring to the above directions, it was pointed out that the notice under Section 260(1) of the Bombay Provincial Municipal Corporation Act, 1949 (For short “BPMC Act”) was issued by the respondent on 24.12.2024 giving only two days’ time to file the reply. It was submitted that the applicants filed the reply on 26.12.2024. However, the respondent – Corporation issued the notice dated 26.12.2024 under Section 260(2) of the BPMC Act. The petitioner immediately filed the Civil Suit No. 1312 of 2024 in the City Civil & Sessions Court, Ahmedabad wherein, the notice was issued, making returnable on 04.01.2025. It was also pointed out that the notice issued by the City Civil & Sessions Court was served on 01.01.2025 and before the returnable date, respondent – Corporation demolished the residential premises on 02.01.2025.

4. Learned advocate Mr. Nair pointed out that the petitioners had preferred Special Civil Application No.2298 of 2025, however, the same was dispo