North Delhi Municipal Corporation under encroachment removal action programme started a demolition drive over several buildings in Jahangirpuri, which saw communal violence a few days ago. The newspaper reported that despite a Supreme Court order the drive was carried. Following urgent pleas, Supreme Court had ordered a stay on demolitions until it examined the legality of NDMC’s claim that the structures were illegal encroachments. However, NDMC continued for over an hour after the court order.
- Notice issued to Centre: Issuing notice to the Centre and others on two petitions filed by the Jamiat Ulama-i-Hind — one challenging the drive in Jahangirpuri and another against similar actions in other states. A bench of Justices L Nageswara Rao and B R Gavai asked those whose properties were allegedly demolished to file affidavits to ascertain if they had received any notice.
- No notice issued: Dushyant Dave who advanced the argument stated that the demolition drive was advanced to morning from its scheduled time of 2 pm, and began without any notice. No legal recourse window was available therefore as apprised by senior advocate Dushyant Dave to the bench led by CJI NV Ramana. The law required that a notice of 5-15 days be given to allow affected people to appeal to a superior authority against any adverse decision, he said. “This is completely unconstitutional,” he contended.
- Direction of status quo: The CJI immediately directed that the status quo be maintained and listed a petition against such summary demolitions for a hearing on Thursday. A similar petition, flagging demolitions in BJP-ruled Uttar Pradesh and Madhya Pradesh too was mentioned by senior advocate Kapil Sibal. The bench heard the matter also on Thursday.
- Plea of raising concern of continued demolition at 02:00 pm: Jahangirpuri residents alleged that NDMC continued with the demolition drive well after the electronic media broadcast the SC order on the technicality that the demolishers had not received a formal intimation. Dave and advocate Prashant Bhushan had to raise the issue again in SC, later in the day. Dave said it was sad that the drive continued despite SC’s order. The CJI then directed the Supreme Court secretary-general to ensure that the order was formally conveyed to the authorities. By the time the drive was halted, several shops, which were alleged to be encroachments, were demolished.
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Law: The Delhi Municipal Corporation Act, 1957 contains elaborate procedure with regard to demolition and there is a mandatory requirement of notice to illegal occupants.
