7 May 2022 5:08 AM GMT
The Delhi State Committee Communist Party of India (Marxist) has recently moved the Supreme Court challenging the 'illegal' demolition drive being undertaken in different areas of South Delhi. The petition has alleged the demolition to be 'illegal', 'inhuman' and 'in total violation of principles of natural justice, statutes and the Constitution under the guise of encroachment...
The Delhi State Committee Communist Party of India (Marxist) has recently moved the Supreme Court challenging the 'illegal' demolition drive being undertaken in different areas of South Delhi.
The petition has alleged the demolition to be 'illegal', 'inhuman' and 'in total violation of principles of natural justice, statutes and the Constitution under the guise of encroachment removal programme'.
A matter pertaining to demolition drive in Jahangirpuri, Delhi was mentioned before Apex Court on 20.04.2022 at 10:45 PM. The Bench led by the Chief Justice of India, N.V. Ramana passed a status quo order against the Special Joint Encroachment Removal Programme in Jahangirpuri. Inspite of order of the Apex Court, the authorities went ahead with the demolition drive asserting they would not discontinue the 'encroachment removal operation' until and unless the court order is produced before them. At 12.25-12:30 PM, on production of the said order, the demolition was halted. On 21.04.2022, a Bench led by Justice L. Nageswara Rao issued notice in the Writ petition challenging the said demolition and stayed the demolition. On 28.04.2022, the South Delhi Municipal Corporation (SDMC) issued a letter to the police authorities for providing necessary police force to its Staff to maintain law and order for the encroachment removal operation in different areas under SDMC. A revised letter was written by SDMC seeking police force for the demolitions to be carried out between 30.04.2022 and 13.05.2022. On 04.05.2022, the concerned authorities bulldozed buildings in Sangham Vihar area. However demolition was not pursued in the Kalindi Kunj area due to lack of police force. The petitioner suspects that the authorities are planning to, now, demolish buildings in Shaheenbagh and other areas from 09.05.2022 to 13.05.2022.
The petition alleges that the present round of demolition being undertaken in South Delhi is without any show cause notice and in absolute derogation of principles of natural justice, statutory scheme of the Delhi Municipal Corporation Act, 1957 and the rights protected by the Constitution. Statutory notices have not been issued to owners and occupants of the buildings, who are mostly poor and belong to the marginalised communities. The demolitions are being carried out in an arbitrary manner, in an absolute discard for rights protected under Article 14, 19 and 21 of the Constitution. The petition claims that the demolition drive is politically motivated and is absolutely and manifestly arbitrary and in the teeth of substantive due process.
The petition also seeks stay of the demolishing drive that is being pursued in South Delhi localities.
The petition has been drawn by Advocate, Mr. Subhash Chandran K.R. and filed by Advocate, Mr. Biju P. Raman.