Supreme Court on April 21 said it will take a serious view of the demolition of properties that took place in Delhi's Jahangirpuri despite a status quo order.
"We are going to take a serious view of the demolition that continued even after the order was passed," said L Nageswara Rao who was heading the bench that also had BR Gavai.
The observation came after petitions challenged the government demolishing properties as part of its anti-encroachment drive days after riots rocked Jahangirpuri.
While seeking affidavits from petitioners and counter-affidavits from the authorities concerned in the case, the court said that the status quo order shall remain in force until further notice.
When the Solicitor General for India Tushar Mehta, representing the authorities, sought to clarify why the demolition was advanced from 2 pm to 9 am on April 20, the bench said it would take a serious view of bulldozer razing properties despite the status quo order.
The court will hear the case next after two weeks during which time status quo has to be maintained, the court said.
The counsel representing the petitioners alleged that a community is being targeted through this anti-encroachment drive and the demolitions in Jahangirpuri took place without adequate notice. In doing so, the action was against the provisions of the Delhi Municipal Corporation Act, it was argued.
Making fervent arguments, Senior Advocates Dushyant Dave and Kapil Sibal said that the demolition in Jahangirpuri as well as in several other places in the country was in contravention of the rule of law.
"This impacts the social fibre of this country," said Dave while Sibal argued that the heart of the problem is that "encroachment is being associated with just one community" and demolition is used as a punishment. "Is it to instill fear? Is it to sideline the rule of law? Where is the due process?" Sibal asked.
Solicitor General opposed the allegation and argued that the drive was for clearing the encroachment from roads in compliance with an older order passed by the high court and was primarily aimed at removal of objects from the public space.
"Do you require a bulldozer for removing articles like chairs, tables, boxes etc from the road?" the bench asked.
Mehta added that as regards the buildings that were razed down, notices were served to the residents. "Let individuals come before the court and show notices were not issued before demolition."
While admitting the petitions for further hearing, the court observed that the issuance of notices also entails a right to appeal against such notices. On the question of the requirement of issuance of notice, the parties on both sides are required to file affidavits, the court said.
The status quo order pertains only to the Jahangirpuri demolition drive, the court clarified and said that a blanket order cannot be passed to stop all bulldozing action across the country.
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