New Delhi: A bench led by Justice Nageswara Rao directed the New Delhi Municipal Corporation (NDMC), which led yesterday’s ‘anti-encroachment drive’ against continuing demolitions till final orders are passed.
Senior Advocate Dushyant Dave argued before the Supreme Court on Thursday that the anti-encroachment effort in Jahangirpuri was hypocritical because only the poor’s homes were targeted but no action was taken against the rich and elite’s unapproved buildings.
“If you want to act against unauthorized 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”, Dave submitted.
Dave was appearing on behalf of the Jamiat Ulema-i-Hind, an Islamic clerics’ organisation that had filed a plea challenging the North Delhi Municipal Corporation’s demolition drive in the riot-hit Jahangirpuri neighbourhood.
The action in the Muslim-dominated Jahangirpuri, where communal clashes occurred last Saturday during Hanuman Jayanti celebrations, was Dave’s argument.
“There are 731 unauthorised colonies in Delhi with lakhs of people and you pick up one colony because you target 1 community!”, Dave submitted. He claimed that Adesh Gupta, the BJP’s Delhi President, issued a letter to the Commissioner of the North Delhi Municipal Corporation a few days after the riots demanding that the homes of the ‘rioters’ be bulldozed.
“How is it that the President of the BJP writes a letter to the Municipal Commissioner to start demolitions and they demolish after that?”, Dave asked
“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 sad commentary on us as a nation” Dave added.
Dave cited Section 343 of the Delhi Municipal Corporation Act, which states that a person is entitled to a reasonable opportunity to be heard before his or her property is demolished. However, the demolition was carried out in a rushed and unplanned manner.
“This isn’t confined to Jahangirpuri. It is on social fibre of this country. If this is allowed there will be no rule of law . How is (it the) President of (Delhi) BJP writes and asks to start demolition and they start? 5-15 days notice is a must, The Municipal Corporation Act provides service of notice, appeals.. Look at the Olga Tellis case, where the Supreme Court protected..”
Solicitor General Tushar Mehta, appearing for the government, argued that the drive was a routine exercise carried out by the administration – he said it was the fifth this year – and that notices of demolition need not always be given.
The demolition drive led to a political row, with top leaders condemning it. While opposition leaders have called it an attack against a minority community, the BJP has claimed that the action taken was not on the basis of religion. Facing criticism for the drive, the NDMC issued an official statement that it had undertaken a similar routine exercise in the same area on April 11 as well.
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