SC orders status quo for 2-week against demolition drive in Jahangirpuri
Apr 21, 2022
New Delhi [India], April 21 : The Supreme Court on Thursday ordered that the status quo shall be maintained for another two weeks on the demolition drive carried out by the North Delhi Municipal Corporation in the national capital's Jahangirpuri area.
A Bench comprising of Justice L Nageshwar Rao and Justice BR Gavai also issued notice to North DMC and others, asking them to file a reply on the Jamiat Ulama-i-Hind's petition against the drive in Jahangirpuri.
Extending the interim relief for another two weeks, the top court also clarified that it will take a serious view on the demolition drive which was carried out even after the information was given to the Mayor of maintaining a status quo by the apex court on Thursday, April 20.
The Court also issued notice to other concerned respondents in other pleas relating demolition drive being carried out in other parts of the country.
Senior Advocate Dushyant Dave, appearing for the petitioner, argued that a particular section of the society is being targeted through the demolition drive. He also pointed out that this issue is not confined to Jahangirpuri and if this is allowed there will be no rule of law left. He also raised questions on how can a BJP leader write a letter regarding demolishing such encroachments and North DMC demolished it. Senior Advocate Dave says there are various unauthorized colonies in Delhi with neatly 50 lakhs people residing in them and added "how can they target a specific community."
Senior Advocate Kapil Sibal, appearing for another petition, said encroachments are a serious issue but here the issue is that the Muslim community is being associated with encroachments. Senior Advocate Kapil Sibal indicated that such instances are happening in other states.
Solicitor General Tushar Mehta raised questions over the petition, saying that it is being filed by one organisation, Jamiat Ulama-I-Hind. SG Mehta also said that the drive to remove the encroachments on the footpath etc began on January 19 in Jahangirpuri. SG Mehta said that allegation that one community is targeted is incorrect. SG Mehta also cited an example that in Madhya Pradesh's Khargone demolition, as many as 88 affected parties were Hindus and 26 were Muslims.
On Wednesday, Supreme Court ordered to maintain a "status-quo" on the demolition drive conducted by North Delhi Municipal Corporation in Jahangirpuri in the national capital.
In another petition, Jamiat Ulama-I-Hind moved the Supreme Court against employing bulldozers to raze down the houses of persons suspected to be involved in criminal incidents such as violence.
Jamiat Ulama-I-Hind has urged the Supreme Court to issue appropriate direction to the Centre and state governments that no lasting precipitative action be taken against any accused in any criminal proceedings and issue directions that residential accommodation cannot be demolished as a punitive measure.
In its petition, Jamiat Ulama-I-Hind said that there has recently been an increase in the incidents of demolition of residential and commercial properties by government administration in several states as a punitive measure towards persons purportedly involved in criminal incidents such as riots.
"In response to alleged acts of violence, the administration in several states has been employing bulldozers to raze down the houses of persons suspected to be involved in such acts/ incidents. A number of ministers and legislators, including the Chief Minister and the Home Minister of the state of Madhya Pradesh, have made statements advocating such acts and especially threatened the minority groups with the destruction of their homes and commercial properties in case of riots," the petition read.
