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The Delhi State Committee Communist Party of India (Marxist), represented by its Secretary KM Tiwari, has filed a Public Interest Litigation before the Supreme Court against the alleged 'highly illegal and inhumane action' of the South Delhi Municipal Corporation to demolish buildings in South Delhi.

The plea seeks quashing of the concerned orders and adequate compensation to the victims of such 'illegal demolition' that took place in different areas of South Delhi.

It is alleged that the political executive of the Municipal Corporation is maliciously indulging in a political game plan.

As per CPI (M), the authorities have 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 09th to 13th May, 2022", adds the plea.

It is further argued that such action is in total violation of principles of natural justice, statutes and the Constitution under Article 14, 19 and 21, under the guise of encroachment removal programme.

Section 317 and 343 of the Delhi Municipal Corporation Act, 1957 specifically mandate due notice and time for showing cause before removal of encroachment or demolition, submits CPI (M).

The PIL further states that without giving a proper show cause notice and 'giving breathing time to people residing / working in different areas of South Delhi', the respondent-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", submits the petition.

It is further submitted that people residing and working in the notified area are generally very poor and marginalized who are incapable of resisting the illegal inhumane action.

Furthermore, reliance is placed on the order by the Supreme Court bench headed by Chief Justice of India Justice NV Ramana and consisting of Justices Krishna Murari and Hima Kohli of status quo on the demolition drive against the Special Joint Encroachment Removal Programme in Jahangir Puri, Delhi.

In this regard, the plea states that despite the order staying the demolition action, the authorities refused to stop till 12.25- 12.30 PM stating that they would not discontinue the operation till the order is produced. 

Apart from CPI(M), Delhi Pradesh Rehri Patri Khomcha Hawkers Union has also approached the Top Court against the same illegal demolition.

Both the pleas have been filed through Advocate Biju P Raman and drawn by Advocate Subhash Chandran KR.

Case Title: CPI (M) DELHI STATE COMMITTEE THROUGH ITS SECRETARY vs. SOUTH DELHI MUNICIPAL CORPORATION & ORS. | Delhi Pradesh Rehri Patri Khomcha Hawkers Union Through its General Secretary vs. South Delhi Municipal Corporation & Ors.