CPI(M), Delhi hawkers union move Supreme Court against demolition drive in South Delhi

The Delhi Unit of the Communist Party of India (Marxist) and a Delhi-based hawkers union have approached the Supreme Court with separate petitions challenging the South Delhi Municipal Corporation's planned anti-encroachment drives [CPIM Delhi State Committee v South Delhi Municipal Corporation & ors.]..The public interest litigation petition filed by the CPI(M) stated that the demolition of allegedly irregular properties would be an illegal and inhumane action in total violation of the principles of natural justice and the Constitution of India.The plea claimed that the occupants are not illegal encroachers or unauthorised occupants as alleged by the respondent authorities."Without giving a proper show cause notice and giving breathing time to people residing / working in different areas of South Delhi the Respondents proposed to start demolition of buildings denying their precious constitutional rights and right to life," the plea stated.Submitting that the actions constitute a violation of the right to life, the plea pointed out that only a show-cause notice implying the illegality of the properties was issued, not one stating why they were illegal. "The entire action is absolutely and manifestly arbitrary and in violation of Article 14, 19 and 21. If this is permitted their only shelter and buildings for their livelihood will be demolished in utter disregard to statutes and the Constitution," the plea said.It was also submitted that the people residing and working in the notified areas are generally very poor and marginalized who are incapable of resisting the illegal inhumane action of the respondents.The plea drawn by advocate Subhash Chandran KR, settled by Senior Advocate PV Surendranath and filed through advocate Biju P Raman, thus prayed for a stay of the anti-encroachment drives..The other plea in the matter was filed by the Delhi Pradesh Rehri Patri Khomcha Hawkers Union, also through advocate Raman. The plea stated that on May 4 the authorities demolished buildings with bulldozers in Sangham Vihar area. 'They have illegally demolished buildings of the poor people with bulldozers illegally and causing severe trauma and loss to the people. But the authorities did not undertake the demolition drive in Kalindi Kunj as per schedule as there was no sufficient police force. Now it is reliably understood that they would be demolishing the buildings in Shaheen Bagh and other areas on 09th to 13th May, 2022," it was submitted. Terming the actions of the municipal corporation malicious and part of a political game plan, the plea sought orders from the top court to not proceed with the anti-encroachment drives without complying with the principles of natural justice and the due process of law.The Union also sought directions from the court commanding the respondent authorities to grant adequate compensation to the victims of the demolition drive..The Supreme Court is currently seized of a batch of petitions regarding the conduct of demolition drives in Delhi's Jahangirpuri and in other states.In April, the Court had said that it would take a serious view of the apparent disobedience of its order to maintain status quo in relation to the Jahangirpuri demolition drive that was slated to be carried out by the North Delhi Municipal Corporation.Jamiat-Ulama-i-Hind, CPI(M) leader Brinda Karat and one Ganesh Gupta, whose juice shop was demolished are petitioners in that matter. The North Delhi Municipal Corporation (NDMC), run by the Bharatiya Janata Party (BJP), had started a two-day anti-encroachment drive in Jahangirpuri, days after violent clashes between two communities on Hanuman Jayanti.Delhi BJP Chief Adesh Gupta has also written to the mayor of the North Corporation to identify illegal constructions of "rioters" in Jahangirpuri and demolish them, PTI reported.