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“Why Is CPM Filing Case?”: SC Refuses To Intervene In Shaheen Bagh Anti-Encroachment Drive, Asks To Approach HC

Supreme Court

New Delhi: The Supreme Court on Monday, refused to intervene in the Shaheen Bagh anti-encroachment drive. This comes hours after bulldozers rolled in and out of the region, amid protests by hundreds of locals.

The bench addressed the petitioner’s council. The bench questioned that why a political party had approached the Supreme Court and the locals who are directly affected by the BJP-ruled South Delhi Municipal Corporation’s demolition drive.

The bench questioned, “What is this CPI(M) party filing this case? We can understand if the affected person came here. What fundamental right of a party that is violated? Is there no individual who is affected?” 

Senior advocate P Surendranath, is appearing for the petitioners. He told the court that the Hawkers Union was also a plaintiff. The court stated that hawkers can be removed if they are found violating the rules.

“Hawkers are persons who sell on the roads. In Jahangirpuri, we had to intervene because there was demolition of buildings. How are hawkers affected? Hawkers are those who sit on platforms. The residents or shopkeepers should come,” the bench reiterated.

The top court also attacked over civic body. It demanded that why it doesn’t undertake anti-encroachment exercises without prior notice and in accordance with the law.

“We are not interfering but when you undertake these activities why don’t you do it as per law? Why don’t you issue notice to them? We are telling you don’t demolish any structures without notice,” the court said.

It refused to entertain the petitions and directed the affected parties to approach the Delhi High Court.

Bulldozers and JCBs reached Shaheen Bagh on Monday. The region witnessed a high voltage drama. The South Delhi Municipal Corporation pushed ahead with its anti-encroachment drive in the locality. The region was the hotbed of the anti-CAA stir a few years ago. Apart from residents and heavy deployment of police force, Congress workers were also present at the spot. They were protesting against the anti-encroachment drive by sitting on dharna and blocking the way of bulldozers and JCBs. Many locals followed them.

According to India Today report, residents of Shaheen Bagh claimed there was no illegal encroachment on public land. Wazib, a councillor who denied any encroachment on road number 13, said, “It is a CPWD road. MCD has nothing to do with it. People have left space in front of their roads.”

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