SC stops bulldozers, to examine Delhi MCD’s action

Turning down the municipal authority’s plea not to entertain a PIL against its actions when affected individuals were not before the court, the bench sought explanations from the North MCD and the Delhi Police for razing around 50 structures in Jahangirpuri a day ago without issuing prior notices.

The Supreme Court on Thursday restrained the North Delhi Municipal Corporation (North MCD) from carrying out any demolition drive in riot-hit Jahangirpuri until its further orders, adding it would take a “serious view” of the apparent disobedience of its directive to immediately stop the bulldozers in the area on Wednesday.

North Delhi Municipal Corporation workers during the anti-encroachment drive in Jahangirpuri, New Delhi, on April 20, 2022. (Amal KS/HT Photo)

Turning down the municipal authority’s plea not to entertain a public interest litigation (PIL) against its actions when affected individuals were not before the court, a bench, headed by justice L Nageswara Rao, sought explanations from the North MCD and the Delhi Police for razing around 50 structures in the Jahangirpuri neighbourhood a day ago without issuing any prior notices.

The action came just four days after communal violence roiled the area during a Hanuman Jayanti procession, leading to nine people being injured — eight policemen and a civilian. Opposition political parties and civil society members have described the demolition drive as an act of “revenge”, even as the North MCD has maintained that it was a “routine” drive. Delhi’s three MCDs are under the control of the Bharatiya Janata Party (BJP).

At 11am on Tuesday, the apex court ordered status quo (to remain in existing condition) on an urgent plea by a clutch of lawyers, complaining against the ongoing demolition at Jahangirpuri — although it took another 90 minutes for the local body to stop the demolition drive, citing non-receipt of any order from the apex court.

The bench was informed on Thursday that former MP and CPI (M) leader Brinda Karat was on the spot of demolition in Jahangirpuri, and she brought the court order to the notice of the North Delhi mayor after it was passed. An advocate associated with the case also sent a message to the mayor on WhatsApp apprising him of the status quo order.

“We are also going to take a serious view that demolition continued after the information was given to the mayor. We will take that up later. For the present, we are going to order a status quo until further orders. Let all parties file their replies and pleadings. We will take this up after two weeks...it is in everyone’s interest if this is heard and decided at the earliest,” said the bench while issuing notices on the petition filed by Jamiat Ulama-i-Hind.

The bench, however, did not entertain another plea in a separate petition by Jamiat Ulama-i-Hind to stop authorities across the country from using bulldozers to carry out demolition against those suspected of involvement in crimes.

The bench was informed on Thursday that former MP and CPI (M) leader Brinda Karat was on the spot of demolition in Jahangirpuri, and she brought the court order to the notice of the North Delhi mayor after it was passed. (HT Illustration)

“We cannot stay demolition across the country...Demolition is always by bulldozers or by some other machines. We are not going to stay the demolition by a blanket order. There has to be specific instances,” remarked the bench when senior advocate Kapil Sibal sought a generic restraining order.

In recent weeks, the governments of Uttar Pradesh, Madhya Pradesh, Gujarat and Karnataka have ordered the razing of properties in towns that were roiled by communal violence or criminal activity as part of drives against illegal construction.

Appearing for the organisation in the matter relating to the demolition at Jahangirpuri, senior advocate Dushyant Dave called it a “matter of national importance” since one particular community was being targeted and the rule of law was being mocked at in the process of snatching away their right to shelter and the right to earn livelihood.

“You want to start a demolition drive, start from Sainik Farms or Golf Links where I stay. Every house there will have one or the other form of encroachment or irregularity. But why target them? And all of them from one community? These are poor people,” he added.

Opposing Dave, solicitor general (SG) Tushar Mehta, representing the North MCD and the Delhi Police, requested the bench to consider not admitting the PIL at all, contending “everyone will jump on the bandwagon” and political interests will take over while those actually affected by the anti-encroachment drive keep away and are not before the court to answer on facts whether they were given notices or not.

“We don’t want structures to be demolished. What will be left after the demolition? Also, we know where to stop. You have been arguing that the petitions are frivolous. Can’t we later take action if the petition is frivolous? As of now, maintain a status quo,” retorted the bench.

The court added that it would want the North MCD to bring on record all details of demolition, including notices issued before the permanent structures were pulled down.

“When the power is given under a law to do a certain thing in a certain way, the thing must be done in that way or not at all. For carrying out demolition under Section 343 of the DMC (Delhi Municipal Corporation) Act, prior notices have to be given and then the demolition can take place between five and fifteen days. There is also a provision for an appeal against such orders,” observed the bench.

The discussion on legal provisions ensued after Mehta said that some temporary structures were removed during the anti-encroachment drive in Jahangirpuri on Tuesday and the authorities were not required to issue prior notices.

At this, the bench asked Mehta: “Were only chairs, tables and benches removed yesterday? Was no permanent structure razed? Why did you need bulldozers for removing some tables and chairs?”

Responding, the law officer conceded that bulldozers were called in to remove some permanent structures and parts of buildings, which were already given notices before the demolition was carried out.

However, senior advocate Sanjay Hegde, appearing for a juice shop owner whose establishment was demolished on Wednesday, said that no such notice was issued to his client. At this, the court said that the North MCD should file the relevant documents, including notices and demolition orders.

On his part, SG Mehta sought to rebut an argument by Dave and Sibal as regards targeting a particular community in the demolition drives. Mehta said that a misleading narrative was sought to be created that properties of only Muslims were being targeted.

“I am sorry to create this distinction based on religion but I have to do this to bring out the correct facts after the arguments of the other side. The narrative started building from Khargone district in after some communal violence broke out on Ram Navami. But the true facts are that in total, 88 affected parties are Hindus and 22 are Muslims. Notices of demolition were issued to them in 2021. Hearings were given to them in 2021. And then demolition orders were passed in 2021 for enforcement in 2022. This has become a pattern. Instead of individuals coming up, some organisations come to the court and the entire issue is made political,” Mehta lamented.

The case is expected to be heard next on May 9.

Aam Aadmi Party (AAP) MLA Atishi on Thursday said that the BJP has been ruling the MCD for the past 15 years and alleged that under the party’s supervision, illegal construction was undertaken. “With their corrupt practices, the BJP for the last 15 years has been doing illegal construction in various parts of Delhi. We hope that the Supreme Court will also take the strictest action against those involved in this illegal construction,” she told ANI.

Rashtriya Janata Dal leader Tejashwi Yadav also hit out at the BJP for carrying out the demolition drive in Jahangirpuri area and said that such incidents are orchestrated when the party loses the elections. “There are no discussions on high unemployment in the country. The incidents of demolition are orchestrated when the BJP loses by-elections in various states. The BJP and RSS are continuing their tradition of spreading hatred on religious lines. The incident is highly condemnable. It is a testimony of the direction in which our country is heading.”

Senior Congress leader P Chidambaram on Thursday said the rule of law is broken everyday under BJP’s rule and soon there will be “no law and no rules”. “We see the Rule of Law break down every day.Soon there will be no law and no rules.” “Once arbitrary ‘Orders’ override ‘Law’, we are on the road to hell. The Bulldozer represents the arbitrary ‘Order’. The Supreme Court represents ‘Law’. Yesterday, we saw the Bulldozer defy the Law. Let’s see what happens today,” the former home minister tweeted.

On the other hand, BJP’s Delhi unit chief Adesh Gupta said he would write to east and south Delhi mayors also to conduct similar drives in their areas to bulldoze “illegal encroachments by Rohingyas and Bangladeshis”.

“I am also going to write letters to south and east MCD mayors to remove illegal encroachments by Bangladeshis and Rohingyas living in there,” Gupta told a press conference on Thursday.

The demolition drive in Jahangirpuri followed close on the heels of several arrests made by Delhi Police from the locality in connection to the incident. Hindu groups that took out a procession said they were pelted with stones from buildings near a mosque. On the other hand, Muslims claim men armed with swords and sticks in the procession shouted inflammatory slogans outside the mosque.

On Wednesday morning around 10am, bulldozers roared into the area to conduct an anti-encroachment drive to raze illegal structures, sparking a fierce political war and allegations that the municipal administration was bypassing laws and targeting communities.

A bench, headed by Chief Justice of India NV Ramana, passed the brief order of status quo at around 11am following an urgent plea by a bunch of lawyers, led by Dave who complained against what they called an “unconstitutional and unauthorised demolition”. The CJI said that the two petitions by Jamiat Ulama-I-Hind would be heard in detail on Thursday.

However, an hour after the bench issued the oral order, Dave went back to the court again, complaining about non-compliance with the status quo order by the corporation and police authorities. Accepting his request, the CJI then directed the court registry officials to immediately communicate the court order to all appropriate authorities, including the mayor and the Delhi Police Commissioner.

Local residents have claimed that they had received no notice of the encroachment drive, which they alleged hadn’t happened in the area for decades. “Whenever the PWD or MCD officials came, they never destroyed our kiosks. We have never received a notice for a demolition drive. In fact, we had asked officials sitting here, but they told us nothing would happen on our street. We lost our kiosk where we used to recycle old clothes and sell. The impact of the bulldozer was such that the floor of my upper floor residence broke. Where will we live now?” said Hussain, a local.

Other residents said they implored the officials directing the bulldozers to give them a few hours but in vain. Many said their hopes of a better life were crushed by the claws of the yellow machines. The worst hit were the owners of small businesses, many running out of carts and small kiosks that bore the brunt of the bulldozers’ fury. Both Hindu and Muslim owners of small businesses were left bemoaning their losses.

Dinesh Kumar, who runs a mobile repair shop whose tin shed was razed, said: “I was born and raised here. I have been running this shop since November last year and mine is the only Hindu-run shop in this street. We have all lived here so peacefully. It’s wrong what’s happening”, he said.

Jamiat Ulama-I-Hind has filed two petitions in the top court on the contentious practice of using bulldozers to pull down residential and commercial properties of persons suspected to be involved in criminal incidents such as violence. The organisation filed its first petition last week when it said that resorting to such measures without following due process is against the constitutional ethos and the criminal justice system, as also in violation of the rights of accused persons. The second petition specifically raised the issue of anti-encroachment and demolition drive at Jahangirpuri.