Delhi: Municipal Corporation overlooks SC, demolishes Jahangirpuri ‘encroachments’

The demolition drive was advanced to morning from its scheduled time of 2 pm, and began without any notice, senior advocate Dushyant Dave told a 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.

The CJI immediately directed that 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. “This has all India implications,” Sibal said. The bench said that it would hear the plea also on Thursday.

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.

BJP-ruled UP and Madhya Pradesh have carried out demolition drives against those who protested against the Citizenship Amendment Act on the allegation they were rioters. The BJP had during the UP polls made the bulldozer one of its themes, claiming that the state government had a ‘zero-tolerance policy towards law-breakers’. Civil rights campaigners have, however, criticised the demolitions on the grounds that the state could not act as judge, jury and executioner. They have alleged that procedures established under law on demolitions have been overlooked.

Clashes had occurred in Jahangirpuri last Saturday, on Hanuman Jayanti, after a VHP ‘shoba yatra’ in the vicinity of a mosque. The demolition drive against encroachments was done four days after the clashes. Delhi Police, which reports to the Union home ministry, had over 400 personnel to oversee the corporation’s ‘anti-encroachment drive’. The situation following demolitions was under control and peaceful, Delhi Police said later. “We are here to provide support and protection to the civic agency,” Special CP Dependra Pathak said. NDMC asked for 400 personnel from Delhi Police to handle law and order during the drive, he said. NDMC Mayor Raja Iqbal Singh claimed the drive was stopped as soon as he received an order. “We will follow the Supreme Court order. We have stopped the drive. The civic machinery there is now only removing garbage and other things on roads in the area,” Singh said. A case pending before a court normally prompts authorities to await a court order before beginning demolitions. Police said they have so far arrested 25 suspects and invoked stringent sections under the National Security Act against 5 accused following Saturday’s violence. Eight police personnel and a local resident were injured in clashes.