SC warns of ‘serious view’ of Jahangirpuri demolition; no targeting of community, says NMDC

Update: 2022-04-21 06:55 GMT
On August 1, the top court said there was a complete breakdown of law and order and constitutional machinery in Manipur | File photo

The Supreme Court on Thursday (April 21) extended the status quo until further orders on the issue of demolition of buildings in violence-hit Jahangirpuri area, and said that it will take “serious view” of all demolitions that took place on Wednesday despite its order to maintain status quo.

The case will be heard again after two weeks.

“We will take a serious view on all demolitions that took place after the Supreme Court decision was communicated to the mayor,” a bench headed by Justices L Nageswara Rao and BR Gavai said.

Noting that a “particular section of society” was being targeted through the eviction drive by the North Delhi Municipal Corporation (NDMC), the bench issued notices to the Delhi police and the Municipal Corporation of Delhi to reply on the writ petitions.

“Status quo to be maintained till further order…List after two weeks and pleadings to be completed till then,” the court said.

Also read: Delhi BJP leaders meet Amit Shah after SC stops Jahangirpuri demolition

Prior notice issued, no targeting of community, says NDMC

According to a report in The Hindu, Solicitor General Tushar Mehta, appearing in the Supreme Court for the New Delhi Municipal Council, said on Thursday that prior notice was issued before the demolition began. This was the fifth day of the drive that began in January, he said.

Mehta further said allegations that a particular community was being targeted were factually incorrect. He asked why organisations, rather than the affected individuals, were moving the Supreme Court against demolition drives. If the affected people came to court with specific grievances, the authorities would be able to check whether prior notices were issued, he pointed out. 

Status quo ordered

Petitions were filed in the top court by Jamiat Ulama-I-Hind and others against the corporation’s demolition drive in the riot-hit Jahangirpuri locality. The apex court on Wednesday ordered a status quo on the demolition drive to evict alleged encroachers in the locality. The petitioners, however, alleged that the demolition was continued despite the court’s orders.

Advocate Sanjay Hedge, appearing for the petitioners said that the corporation went on with the demolition drive even though residents showed papers to prove that the construction structures were valid.

“We have documents to show that the construction is valid. We showed papers, but the demolition continued,” he said.

During the hearing on Thursday, the top court also asked the petitioners to file affidavits to show if they had received any notice of demolition.

Bulldozers tore down several concrete and temporary structures close to a mosque in Jahangirpuri on Wednesday as part of an anti-encroachment drive by the BJP-ruled civic body, days after the northwest Delhi neighbourhood was rocked by communal violence.

The Supreme Court on Wednesday intervened twice to stop the drive after it took cognizance of the petition filed by Jamiat Ulama-i-Hind against the demolition.

The Bench also issued notice to the Union of India and the States of Madhya Pradesh, Uttar Pradesh and Gujarat on another petition filed by Jamiat Ulama-i-Hind against the authorities resorting to demolition of houses of persons accused in crimes in different states.

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