Execution of demolition agreement allowed but commencement stayed pending interim relief consideration
In a significant development, the Kerala High Court, comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M., has issued an order in the case of PK Unique Projects Pvt. Ltd. v. DC Committee and Others, providing interim relief in a contentious demolition matter. The court has permitted the execution of an agreement for the demolition of certain structures but has stayed the commencement of the agreement pending the consideration of an interim relief application by the Single Judge.
The appeal, registered as W.A. No. 1235 of 2026, was heard on June 22, 2026. Representing the appellant, PK Unique Projects Pvt. Ltd., Senior Advocate P. Deepak, along with Advocates K.R. Arun Krishnan and Deepa K. Radhakrishnan, argued against the imminent demolition, which was initiated by a decision from the first respondent, the DC Committee.
The State, represented by Additional Advocate General Mohammed Shah, indicated that a counter affidavit would be filed by the following day, June 23, 2026, as previously directed by the learned Single Judge. The court acknowledged that the matter was likely to be listed for hearing on July 14, 2026.
The bench emphasized that while the State and respondents could proceed with preliminary actions and execute the demolition agreement, the actual commencement of the demolition work would be paused until the interim relief application is addressed by the Single Judge. This decision comes in the wake of the Single Judge initially declining interim relief due to the absence of a respondent affidavit.
The High Court has granted liberty to the involved parties to seek an advancement of the hearing for interim relief, considering the urgency and necessity of the demolition process. The court reiterated that the appeal was disposed of without delving into the merits of the case, leaving the substantive issues to be decided by the Single Judge.
This judgment underscores the court's balanced approach in handling demolition cases, ensuring that procedural fairness is maintained while also acknowledging the urgency that such matters often entail.
Bottom line:-
Interim relief in demolition matters - Execution of agreement for demolition allowed but commencement stayed until consideration of interim prayer by the learned Single Judge.
Statutory provision(s): Interim Relief, Demolition of structures
PK Unique Projects Pvt. Ltd. v. DC Committee, (Kerala)(DB) : Law Finder Doc id # 2929050
