The Supreme Court on Thursday extended the status quo order against the demolition drive launched by the North Delhi Municipal Corporation (NDMC). The top court made it clear that it would examine whether due process was followed before the drive.
A bench comprising of Justice L Nageswara Rao and Justice BR Gavai issued notice to North DMC and asked them to file a reply on the Jamiat Ulama-i-Hind’s petition against the demolition drive in Jahangirpuri. The court also issued notice to the other concerned respondents in other pleas relating demolition drive being carried out in other parts of the country.
“We’ll take serious view of demolition that took place after information was given to Mayor.”
The bench issued notice to the Centre and others on two petitions filed by the Jamiat Ulama-i-Hind which challenged the “encroachment removal action programme” launched by the NDMC.
Solicitor General Tushar Mehta, appearing for NDMC and Delhi Police denied the allegations that Muslims alone had been targeted. He gave an example of a Hindu resident of Jahangirpuri approaching the court seeking compensation for demolition of his property.
“It shows that allegations…..that one community is targeted are factually incorrect”.
Solicitor General Tushar Mehta
“If the statute provides that something has to be done in a particular manner (was it) done or not? That’s it…it also provides for an appellate tribunal and the time given is between 5 to 15 days, not being less than 5 days and more than 15 days,” said Justice BR Gavai.
Senior Advocate Dushyant Dave, submitted that the matter was related to “national importance”, it has become a “State Policy” now that after every riots a particular section of the society is targeted using bulldozers.
Justice Rao questioned that “how is it that bulldozers have become an instrument of state policy” and how it was a matter of “national importance” as it was only confined to an area in Delhi?
Advocate Dave said, “this is not an issue confined to Jahangirpuri. It is a matter affecting social fabric of our country. Particular section of society is being targeted. I’ll read Dr. Ambedkar and Sardar Patel on this, how they spoke of this eventuality. This is the warning they have. If this is allowed, there will be no rule of law left. How is it that the President of the BJP writes a letter to the Municipal Commissioner to start demolitions and they demolish after that? The Municipal Corporation Act provides for service of notice, appeals…look at the Olga Tellis case, where the Supreme Court protected.”
He also referred to Section 343 of the Delhi Municipal Corporation Act which states that the Municipal Corporation can’t pass an order of demolition without giving reasonable opportunity of hearing to the person.
“There are 731 unauthorised colonies in Delhi with lakhs of people and you pick up one colony because you target one community. They have demolished homes. Who should be held accountable? These are poor people. If you want to act against unauthorised constructions, you go to Sainik Farms. Go to Golf Links where every second home is an encroachment. You don’t want to touch them, but target the poor people. The police and civil authorities are bound by the Constitution and not by letters written by a BJP leader. His wish became the command. It speaks on a sad commentary on us as a nation.”
Senior Advocate Kapil Sibal, appearing for the Jamiat-i-Hind said that “encroachment is a serious problem all over India but the issue is Muslims are being associated with encroachments.”
Justice Rao asked: “Were no Hindu properties demolished yesterday?” To which Sibal replied that “only some isolated instances. When processions are carried out and frictions occur, homes of only one community is bulldozed. Look at Madhya Pradesh…where the Minister says that if Muslims does such a thing they cannot expect justice. Who decides that? Who gave him that power?”
Justice Rao said, “we are not going to stay demolitions in the country, demolitions are always with bulldozers or with some other machines.”
Sibal sought on stay on all such drives as they only target a particular community.
Solicitor General Tushar Mehta said that he had statistics from Khargone in Madhya Pradesh where demolition of illegal encroachments took place to show that there was no targeting of any particular community.
“There, 88 affected parties are Hindus and 26 are Muslims. These are government records, I’m sorry I’m required to bifurcate them. Government would not bifurcate them but the petitioner compels me to satisfy your lordship. In Khargone, notices were issued in the year 202-, hearings were given in 2021. Orders were passed for demolition in 2021 or 2022 and those orders were being implemented.”
He further added, “so far as Delhi Jahangirpuri area is concerned, the drive was to remove what was lying on the footpath and public roads and which was encroaching upon. It commenced on April 19 and had also taken place on February 2, February 17 and April 11. April 19 was the fifth day of the removal of what was necessary for clearing roads, but it was carried out only on April 20.”
The Jamiat Ulama-e-Hind had approached the Supreme Court against the use of bulldozers to demolish the houses of those accused who are suspected to be involved in criminal incidents such as violence.
In its petition, the Jamiat sought the directions to the Union and state government to not take any “lasting precipitative action” against any person accused of crime. The plea also stated that shelter and housing is a fundamental right and houses cannot be destroyed as a punitive measure.