Judges: Hon'ble Mr. Justice Dipankar Datta, Hon'ble Mr. Justice Satish Chandra Sharma
Issues / Allegations / Violations
Whether the High Court was justified in vacating the stay order dated 21‑April‑2026, which had prohibited demolition of structures.
Alleged demolition of structures deemed unauthorized by the petitioner.
Continuation of demolition activities despite the earlier stay order.
Findings & Observations
The Supreme Court, prima facie, is satisfied that the High Court was not justified in vacating the earlier stay order.
It observed that the respondents have already commenced demolition of alleged unauthorized structures.
Approximately ten structures remain to be demolished.
Penalties / Settlements / Directions
The respondents are restrained from demolishing any further structures.
The restraining order shall remain in force until the special appeal pending before the High Court is disposed of.
Should an application be filed to vacate this restraining order, the High Court may decide the same upon hearing the parties.
All points and contentions on merits are left open for determination in the pending appeal.
Corrective Actions & Future Obligations
Learned counsel for the respondents must immediately communicate this order to ensure compliance.
Any pending applications, if any, shall also stand disposed of.
Final Ruling & Enforcement
The special leave petition is disposed of at the admission stage with the observation that the special appeal before the High Court will be decided in accordance with law.
The restraining order against further demolition continues until the appeal is resolved.
Enforcement of the order rests on compliance by the respondents and any further applications to modify the restraining order will be addressed by the High Court.
