[Jahangirpuri Demolition Drive] Will take serious view of demolition carried out after status quo order: Supreme Court

The Supreme Court on Thursday 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 (NDMC) [Jamiat Ulama I Hind v. North Delhi Municipal Corporation]..The Bench of Justices L Nageswara Rao and BR Gavai said,"We will take a serious view of the demolition which was carried out even after Supreme Court orders, even after NDMC Mayor was informed. We will take that up later.".The Court issued notice in the batch of petitions highlighting the conduct of demolition drives in Delhi's Jahangirpuri and in other states. It also directed the petitioners to disclose on affidavit whether they were served notices before the demolition drive took place.The matter has been listed for two weeks from today. In the meanwhile, the status quo order will continue to operate..Appearing for the petitioners, Senior Advocate Dushyant Dave told the Court that the case involved far-reaching questions of constitutional and national importance. Claiming that a particular section of society was being targeted through the demolition drive, he said,"They (NDMC) knew we will mention at 10.30 am (on Wednesday) and that is why demolition began at 9 am. They continued even after the status quo order was passed. This affects rule of law and there will be no democracy left."."How can a BJP leader write a letter that you demolish and NDMC demolishes it? Delhi Municipality Act has provision for notice and there is provision for appeals too."Senior Advocate Dushyant Dave.Calling into question the need for the demolition drive, Dave went on to point out how immense migration to Delhi has effected changes beyond what the Delhi Master Plan envisioned. In this context, he said,"There are 731 unauthorised colonies in Delhi, with 50 lakh people and how you target only one area since you target only one community?"He further mentioned that under Delhi Municipal Corporation Act, no demolition can take place until the person has been given a reasonable opportunity to be heard."These are poor people. If you want to remove encroachments, come to Sainik Farms. Come to Golf Links, where I stay, and every second home is an encroachment somewhere, but you don't touch it at all.".Senior Advocate Kapil Sibal was next to make arguments. He said that though encroachment was a serious problem throughout India, it was increasingly being associated with Muslims. He said,"My plea is that such instances are happening in other states also. When processions are carried out and frictions occur, homes of only one community is bulldozed and the politics in power judges what happens or doesn't happen."When Sibal called for a stay on such demolitions, the Court said,"We are not staying demolitions in this country."On the particular demolition drive at Jahangirpuri, the Court said,"We will see.".Appearing for CPI(M) leader Brinda Karat, Advocate PV Surendranath pointed out that despite the Court's status quo order, the demolition drive was not stopped."She (Karat) informed the authorities. They did not stop and it went on till 12:45. She had to physically stand to stop the process."Senior Advocate Sanjay Hegde, appearing for the owner of a juice shop that was demolished as part of the drive, sought compensation for the illegal demolition..Representing the North Delhi Municipal Corporation (NDMC), Solicitor General Tushar Mehta claimed that the drive to remove encroachments on the footpath in Jahangirpuri had begun in January this year."This is what happens when organisation (Jamiat) comes here suddenly. I will show you instances when notice is not required and illegal structures were given the notice. Traders have moved High Court last year and High Court had itself ordered demolition," he said.Addressing the argument that a certain community was being targeted through these demolition drives, SG Mehta pointed out that during a demolition drive held in Khargone, Madhya Pradesh last year, 88 affected parties were Hindus and 26 were Muslims..On SG Mehta's submission that the NDMC Commissioner may use discretion to remove stalls, chairs, tables etc without notice, Justice Rao queried,"Demolition yesterday was of only stalls, chairs, tables etc?"Justice Gavai added,"To remove these you need a bulldozer?"After hearing the parties, the Court ordered,"We want affidavits from the petitioner on the notices if served, and counter affidavits, and till then, status quo order will continue.".Apart from the petitions by Jamiat-Ulama-i-Hind seeking to quash the notice by NDMC to conduct a demolition drive in Jahangirpuri and a direction to cease "bulldozer politics", CPI(M) leader Brinda Karat moved the apex court stating that the demolition did not stop even an hour after the Court ordered status quo. Another petition was filed on behalf of Ganesh Gupta, whose juice shop was demolished in yesterday's drive..The petitioners claimed that in response to alleged acts of violence, several state governments were employing bulldozers to raze down the properties of persons suspected to be involved in such acts.“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 destruction of their homes and commercial properties in case of riots,” the petition said.The reliefs sought include a direction that no lasting precipitative action be taken against any accused in criminal proceedings. It was further prayed that police personnel be provided specialised training in order to handle communal riots, and situations where populations become restive.Further, the Court was urged to direct ministers, legislators and anybody unconnected with criminal investigation to restrain from assigning criminal responsibility publicly or through any official communication until so determined by a criminal court..On Wednesday, the Court ordered status quo on the demolition drive that was slated to take place in the riot-hit area of north Delhi's Jahangirpuri.After it was informed later that day that the demolition drive had not been stopped despite its status quo order, the Court said that the order would be communicated immediately to the Registrar General of the Court, who will then convey the same to the authorities..Will convey through Registrar General to halt Jahangirpuri demolition: CJI NV Ramana.The North Delhi Municipal Corporation (NDMC), run by the Bharatiya Janata Party (BJP), 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..[Read a live account of the hearing here].(Read Order)