Hindustan Times (Delhi)

Jahangirpu­ri order not licence to protect encroachme­nts: Top court junks stay plea

- Abraham Thomas

NEW DELHI: The Supreme Court on Monday clarified that its order staying the demolition drive by North Delhi Municipal Corporatio­n in Jahangirpu­ri is not a licence to protect unauthoris­ed encroachme­nts while it turned down a petition by the Communist Party of India (Marxist) seeking a stay on an anti-encroachme­nt drive in south-east Delhi’s Shaheen Bagh.

The remark by the top court came on a day when the North Delhi Municipal Corporatio­n filed its response in the Jahangirpu­ri case in which the civic body accused the petitioner — Jamiat Ulama-i-hind of “communally sensationa­lising” a routine encroachme­nt drive being undertaken on the orders of the Delhi high court “without targeting any religion or community”.

A bench of justices L Nageswara Rao and BR Gavai refused to extend its protection cover to the south-east Delhi demolition­s as it did not appreciate the issue being raised at the behest of a political party instead of an affected resident.

The bench said, “We won’t protect encroachme­nts being removed according to law. We have never given any licence to anyone to say my house is unauthoris­ed and I need to be protected. We are not considerin­g encroachme­nts across the country. Merely because we are showing indulgence does not mean you can take shelter under our order.”

The Supreme Court on April 20 stayed a demolition drive by the North Delhi civic body in northwest Delhi’s Jahangirpu­ri area that was carried out within days of communal clashes in the area over a Hanuman Jayanti procession.

The judges tried to distinguis­h their interventi­on in Jahangirpu­ri by stating that the matter involved demolition of structures while the action in south Delhi was for removal of hawkers encroachin­g on footpaths and pavements.

Senior advocate PV Surendrana­th appearing for CPI(M) sought to draw parallel between the Jahangirpu­ri and Shaheen Bagh demolition­s by pointing out that the poor people are being deprived of their life, livelihood without any advance notice.

The court said, “We want to protect your lives and livelihood, but not this way...we can understand if residents are filing a petition but not at the behest of a political party. How is your fundamenta­l right affected?”

In its affidavit filed before the apex court in the Jahangirpu­ri case, north corporatio­n commission­er Sanjay Goel said that all encroacher­s were back on the roads and footpaths.

The civic body denied that the demolition drive had any link to the riots in Jahangirpu­ri on April 16. It said that action was taken as per the DMC act, and a prior notice was not necessary to remove squatters from public space.

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