Plea in SC by CPM, Delhi unit, against demolition of buildings in South Delhi

NEW DELHI: The Delhi State Committee of the Communist Party of India (Marxist) represented by its Secretary has approached the Supreme Court challenging the alleged 'illegal' demolition drive being undertaken in different areas of South Delhi.

The plea alleges that South Delhi Municipal Corporation has carried out a highly illegal and inhumane action to demolish buildings of the people of South Delhi area which is in total violation of principles of natural justice, statutes and the constitution under the guise of encroachment removal programme.

It says that no proper show cause notice and breathing time was given to people residing / working in different areas of South Delhi and the respondents (SDMC and other concerned authorities) proposed to start demolition of buildings denying their precious constitutional rights and right to life.

“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,” the petition reads.

The plea filed by advocate Biju P Raman alleges that the authorities demolished buildings with bulldozers in Sangham Vihar area on May 4. 

“... 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 demolishing the buildings in Shaheenbagh and other areas on May 9 to 13, 2022,” it further added.

The plea says that the demolition of buildings has caused severe trauma and loss to the people as most belonged to the economically poor section of the society.

"It is most respectfully submitted that the political executive of Respondent Municipal Corporation is maliciously indulging in a political game plan. The entire action of the Respondent is absolutely and manifestly arbitrary and without following any due process of law, " the petition alleges.

The petitioner has urged the Supreme Court to quash and set aside notification of SDMC relating to the encroachment removal actions program, and direct it to not proceed with any action pursuant to and in furtherance of that notification relating to the encroachment removal actions program.

The petition has also sought to grant adequate compensation to the victims of the illegal demolition undertaken by the civic bodies.

One similar petition has also been moved by Delhi Pradesh Rehri Patri Khomcha Hawkers Union against the demolition drive in South Delhi.