'Won’t protect encroachments being removed as per law,' : SC scraps plea seeking stay on Jahangirpuri eviction drive

The bench said, “We won’t protect encroachments being removed according to law. We have never given any licence to anyone to say my house is unauthorised and I need to be protected.”

The Supreme Court on Monday clarified that its order staying the demolition drive by North Delhi Municipal Corporation in Jahangirpuri is not a licence to protect unauthorised encroachments while it turned down a petition by the Communist Party of India (Marxist) seeking a stay on an anti-encroachment drive in south-east Delhi’s Shaheen Bagh.

A woman resident reacts during a joint anti-encroachment drive by NDMC, PWD, local bodies and the police, in the violence-hit Jahangirpuri area, in New Delhi, April 20, 2022. (PTI)

The remark by the top court came on a day when the North Delhi Municipal Corporation filed its response in the Jahangirpuri case in which the civic body accused the petitioner — Jamiat Ulama-i-Hind of “communally sensationalising” a routine encroachment drive being undertaken on the orders of the Delhi high court “without targeting any religion or community”.

A bench of justices L Nageswara Rao and BR Gavai refused to extend its protection cover to the south-east Delhi demolitions as it did not appreciate the issue being raised at the behest of a political party instead of an affected resident.

The bench said, “We won’t protect encroachments being removed according to law. We have never given any licence to anyone to say my house is unauthorised and I need to be protected. We are not considering encroachments across the country. Merely because we are showing indulgence does not mean you can take shelter under our order.”

The Supreme Court on April 20 stayed a demolition drive by the North Delhi civic body in northwest Delhi’s Jahangirpuri area that was carried out within days of communal clashes in the area over a Hanuman Jayanti procession.

The judges tried to distinguish their intervention in Jahangirpuri by stating that the matter involved demolition of structures while the action in south Delhi was for removal of hawkers encroaching on footpaths and pavements.

Senior advocate PV Surendranath appearing for CPI(M) sought to draw parallel between the Jahangirpuri and Shaheen Bagh demolitions by pointing out that the poor people are being deprived of their life, livelihood without any advance notice.

The court said, “We want to protect your lives and livelihood, but not this way...We can understand if residents are filing a petition but not at the behest of a political party. How is your fundamental right affected?”

In its affidavit filed before the apex court in the Jahangirpuri case, north corporation commissioner Sanjay Goel said that all encroachers were back on the roads and footpaths.

The civic body denied that the demolition drive had any link to the riots in Jahangirpuri on April 16. It said that action was taken as per the DMC act, and a prior notice was not necessary to remove squatters from public space.