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Jahangirpuri demolition case: SC maintains status quo, asks affidavits to be filed

Jahangirpuri demolition case: SC maintains status quo, asks affidavits to be filed

The top court further asked petitioners and the Municipal Corporation of Delhi (MCD) to file affidavits in the case and has also sought details of the notices issued by the MCD so far. 

During the hearing of the matter, senior advocate Dushyant Dave said that the riots in the area were a result of the procession held without prerequisite permission During the hearing of the matter, senior advocate Dushyant Dave said that the riots in the area were a result of the procession held without prerequisite permission

The Supreme Court (SC) has stated that status quo orders on the Jahangirpuri demolition case issued on April 20 shall continue.  The top court further asked petitioners and the Municipal Corporation of Delhi (MCD) to file affidavits in the case and has also sought details of the notices issued by the MCD so far. 

During the hearing of the matter, senior advocate Dushyant Dave said that the riots in the area were a result of the procession held without prerequisite permission. Dave also noted that MCD rules were not followed and there has to be a proper notice issued prior to a demolition drive, while adding that there are also rules related to unauthorised colonies, encroachments, definitions of encroachments and process of rehabilitation/relocation.  

He said, “How is it that the president of the (Delhi) BJP writes a letter and demolition happens? There are MCD rules. There has to be a notice. There is law of the land. Notice has to be issued.” Dave added that the demolition was targeted as there are 1,700 unauthorised colonies with over 50 lakh people that have been regularised.  

He added that only poor people are targeted in demolition and anti-encroachment drives and that no one would dare carry out a demolition drive in Sainik Farms or Golf Links. 

He said, “We have a right to first make corrections after notice is served. You have destroyed homes. These are poor people targeted. You want to start demolitions? Start with Sainik Farms. Or come to south Delhi in Golf Links where I live. Every second house has encroached [some space]. You won’t dare to demolish there.” 

Eminent lawyer Kapil Sibal, on the other hand, claimed that a particular community is being targeted by these demolitions, while adding that this is not a forum for politics. Senior advocate Sanjay Hegde also told the apex court that demolition continued in the riot-hit area despite showing documents that proved the construction is valid.  

Apart from Dushyant Dave, Kapil Sibal and Sanjay Hegde also appeared on behalf of the petitioners in the case.  

(With inputs from Aneesha Mathur)