CPI(M),Delhi Hawkers Union Moves Apex Court Against the Demolition Drive in Different Areas of South Delhi

(Judicial Quest News Network)

The Delhi base Hawkers Union and Delhi Unit of Communist party of India (Marxist) have approached the Apex Court with separate petitions challenging the South Delhi Municipal Corporation’s unprecedented drive of demolition of properties.

The petitioners have alleged that on 04.05.2022 the authorities demolished buildings with bulldozers in Sangham Vihar area. They have illegally demolished buildings of the poor people with bulldozers illegally and causing severe trauma and loss to the people. But the authorities did not undertake the demolition drive in Kalindi Kunj as per schedule as there was no sufficient police force. Now it is reliably understood that they would be demolition the buildings in Shaheenbagh and other areas on 09th to 13th May, 2022.

The petitioners have further contended that a matter regarding illegal demolition drive in Jahangirpuri was brought before this Hon‟ble Court by way of mentioning on 20.04.2022 at 10.45 AM and a status quo order was passed by this Hon‟ble Court against the Special Joint Encroachment Removal Programme in Jahangir Puri, Delhi.

Despite the fact that this Hon‟ble Court had already stayed the demolition action – encroachment removal by way of status quo order the authorities refused to stop the demolition action till 12.25-12.30 PM stating that they would not discontinue the operation till the order is produced.

This illustrates the arbitrary, whimsical and malafide approach of the political executive and the police and their scanned regard for rule of law and the order of this Hon‟ble Court. Both South Delhi Municipal Corporation and North Delhi Municipal Corporation are governed by same political party which dictates arbitrary illegal demolition of buildings. Subsequently, on 21.04.2022 this Hon‟ble Court issued notices in Writ Petition (Civil) No. 295 of 2022 and connected matters and ordered to continue the order of status quo.

The petitioners claimed that the authorities have not issued statutory notice to owners / occupants of the buildings to show- cause why the buildings should not be demolished. No notice is issued to them as to how encroachment is made by the occupants /owners of the buildings. The entire action is absolutely and manifestly arbitrary and in violation of Article 14, 19 and 21. If this is permitted their only shelter and buildings for their livelihood will be demolished in utter disregard to statutes and the Constitution. People residing and working in the notified area are generally very poor and marginalized who are incapable of resisting the illegal inhumane action of the Respondents.

Submitting that the actions constitute a violation of the right to life, the plea pointed out that only a show-cause notice implying the illegality of the properties was issued, not one stating why they were illegal.

The petitions also alleges that the present round of demolition being undertaken in South Delhi under the guise of encroachment removal is totally in violation of principles of natural justice and statutory provisions of Delhi Municipal Corporation Act, 1957 and the Constitution. It is without following any due process of law.

The Petition has been drawn by Advocate, Mr.Subhash Chandran K.R and filed by Advocate, Mr. Biju P.Raman

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