Supreme Court halts Jahangirpuri demolition for next 2 weeks, issues notice to NDMC, others

The Supreme Court on Thursday extended till further orders its direction for maintaining status quo on the demolition drive in Delhi's Jahangirpuri area which witnessed massive clashes during the 'Hanuman Jayanti' procession.

A bench of Justices L Nageswara Rao and B R Gavai issued notice to the Centre, and other authorities on a batch of petitions filed by Jamiat Ulama-I-Hind questioning the legality of the move.

The top court said it would take a serious view of the matter if it was found as correct that the demolition in North Delhi was carried out even after the order of status quo was passed on Wednesday.

It also issued notices to Madhya Pradesh, Uttar Pradesh and Gujarat governments where demolition drive was launched after communal clashes during the 'Ram Navami' processions earlier this month.

The court, however, said it cannot pass a blanket order stopping all demolitions across the country.

It fixed the matters for further hearing after two weeks.

Senior advocate Dushyant Dave, appearing for the petitioner, contended this case raised far-reaching questions of constitutional and national importance whether bulldozer has become an instrument of state policy. Referring to the preamble of the Delhi Municipality Act, he said it has been noted that there has been immense migration to Delhi and how changes have occurred beyond the Delhi's master plan.

"There are 731 unauthorised colonies in Delhi with 50 lakh people and how could you target only one area and only one community," he asked.

"Several homes in Jahangirpuri are more than 30 years old and shops are 50 years old. We are in a democracy and how can this be allowed in this country?" Dave asked, adding no prior notice and reasonable opportunity to explain was given before the demolition drive.

Senior advocate Kapil Sibal, also appearing for Jamiat Ulama-I-Hind, contended encroachment is a problem across the country but the issue was that Muslims were being associated with it.

Referring to Madhya Pradesh's Khargone, where similar demolitions were carried out, he said such instances are happening all over the country where after some frictions and fracas, only homes of one community were being bulldozed.

Solicitor General Tushar Mehta, for his part, questioned the maintainability of the petition by the organisation. He said the demolition drive at Jahangirpuri area was started in January 19, carried out in February and March as well, in compliance to a direction issued by the Delhi High Court.

In Khargone, the houses belonging to 88 Hindus and 26 Muslims were demolished, he said.

Mehta said notices were not required for removal of tables, chairs and installations on public land. However, in case of houses, individuals were given a prior notice. The court, which deciding to consider the matter, asked the petitioners to file individual affidavits on serving of notices.

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