SC stops bulldozers, to examine MCD’s action
NEW DELHI: The Supreme Court on Thursday restrained the North Delhi Municipal Corporation (North MCD) from carrying out any demolition drive in riothit Jahangirpuri until its further orders, adding it would take a “serious view” of the apparent disobedience of its directive to immediately stop the bulldozers in the area on Wednesday.
Turning down the municipal authority’s plea not to entertain a public interest litigation (PIL) against its actions when affected individuals were not before the court, a bench, headed by justice L Nageswara Rao, sought explanations from the North MCD and the Delhi Police for razing around 50 structures in the Jahangirpuri neighbourhood a day ago without issuing any prior notices.
The action came just four days after communal violence roiled the area during a Hanuman Jayanti procession, leading to nine people being injured — eight policemen and a civilian. Opposition political parties and civil society members have described the demolition drive as an act of “revenge”, even as the North MCD has maintained that it was a “routine” drive. Delhi’s three MCDs are under the control of the Bharatiya Janata Party (BJP).
The bench, which also comprised justice BR Gavai, indicated that it may seek an explanation from the North Delhi mayor (Raja Iqbal Singh) as to why the authority continued tearing down structures for about an hour-and-a-half even after he was reportedly apprised of the court order on maintaining status quo.
At 11am on Tuesday, the apex court ordered status quo (to remain in existing condition) on an urgent plea by a clutch of lawyers, complaining against the ongoing demolition at Jahangirpuri — although it took another 90 minutes for the local body to stop the demolition drive, citing non-receipt of any order from the apex court.
The bench was informed on Thursday that former MP and CPI (M) leader Brinda Karat was on the spot of demolition in Jahangirpuri, and she brought
court order to the notice of the North Delhi mayor after it was passed. An advocate associated with the case also sent a message to the mayor on WhatsApp apprising him of the status quo order. “We are also going to take a serious view that demolition continued after the information was given to the mayor. We will take that up later. For the present, we are going to order a status quo until further orders. Let all parties file their replies and pleadings. We will take this up after two weeks...it is in everyone’s interest if this is heard and decided at the earliest,” said the bench while issuing notices on the petition filed by Jamiat Ulama-i-Hind.
The bench, however, did not entertain another plea in a separate petition by Jamiat Ulama-iHind to stop authorities across the country from using bulldozers to carry out demolition against those suspected of involvement in crimes. “We cannot stay demolition across the country...Demolition is always by bulldozers or by some other machines. We are not going to stay the demolition by a blanket order. There has to be specific instances,” remarked the bench when senior advocate Kapil Sibal sought a generic restraining order. In recent weeks, the governments of Uttar Pradesh, Madhya Pradesh, Gujarat and Karnataka have ordered the razing of properties in towns roiled by communal violence or criminal activity as part of drives against illegal construction.
Appearing for the organisation in the matter relating to the demolition at Jahangirpuri, senior advocate Dushyant Dave called it a “matter of national importance” since one particular community was being targeted and the rule of law was being mocked at in the process of snatching away their right to shelter and the right to earn livelihood. “You want to start a demolition drive, start from Sainik Farms or Golf Links where I stay. Every house there will have one or the other form of encroachment or irregularity. But why target them? And all of them from one community? These are poor people,” he added.
Opposing Dave, solicitor general (SG) Tushar Mehta, representing the North MCD and the Delhi Police, requested the bench to consider not admitting