New Delhi: The Supreme Court Wednesday ordered status quo on the demolition drive by authorities in Jahangirpuri in Northwest Delhi, where communal clashes broke out during a Hanuman Jayanti procession last week.
“Maintain status quo”, said a bench led by Chief Justice N.V. Ramana when senior advocate Dushyant Dave mentioned the matter before it. Representing residents of Jahangirpuri, Dave complained that a “completely unauthorised, unconstitutional demolition” was undergoing in the area.
The demolition exercise was being conducted without any show cause notice issued to the residents of the area, he added. “Under the municipal corporation act, five to fifteen days notice is required (to be given to the resident whose house is sought to be pulled down) and there is a right to appeal,” he told the bench.
Dave further said according to the order issued by the North Delhi Municipal Corporation, the demolition was earlier scheduled to take place at 2 pm. However, when the authorities learnt about the residents’ decision to approach the court, the demolition drive was advanced and it started at 9 am, he told the bench.
At Dave’s request, the bench agreed to hear the matter and also agreed to list a related matter concerning similar demolition exercises undertaken in other parts of the country, particularly in Madhya Pradesh.
When he mentioned the matter again before the CJI’s court, he urged the CJI to ask the secretary-general of the Supreme Court to communicate the court order to the NDMC Mayor and Delhi Police Commissioner, as the demolition continued despite the status quo order.
The senior advocate said once the order is widely reported in the media, it was inappropriate for the civic body to carry on with the demolition.
“They have to be stopped,” he submitted.
“I am feeling sad that despite the world knowing your lordships have passed the order, they are not stopping. This sends a wrong message,” he contended, prompting the bench to direct its registry to communicate the order to the appropriate authorities.
Meanwhile, the Delhi High Court also agreed to hear a petition related to the demolition exercise. A bench, led by acting Chief Justice Vipin Sanghii, asked Additional Solicitor General Chetan Sharma to be ready with instructions, making it clear that it would not grant him any more time when it takes up the case later in the day.
In his brief submission, Sharma claimed that action was being taken against illegal encroachment of jhuggi clusters. However, the bench declined and asked the parties to be ready with the relevant notifications and documents.
The anti-encroachment drive in Jahangirpuri came after Delhi BJP chief Adesh Gupta wrote to the mayor of the civic body, asking him to identify illegal constructions of “rioters” in the area and demolish them. On Tuesday, the civic body had requested Delhi Police to provide at least 400 police personnel for the two-day anti-encroachment drive.
Also read: Permission not taken for Hanuman Jayanti rally that erupted in clash at Jahangirpuri, say police