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The Communist Party of India (Marxist) leader and former Rajya Sabha MP Brinda Karat has moved the Supreme Court against the anti-encroachment demolition drive at Jahangirpuri. Karat has further sought the directions of the court commanding the authorities to grant compensation to the victims of alleged 'illegal demolition', since the demolition was not stopped despite the status quo order of the court.

The plea states that it is a Public Interest Litigation that has been "filed against the 'highly illegal' and 'inhumane' action of the authorities demolishing residential and small shops/livelihood buildings of the people in total violation of principles of natural justice, statutes and the constitution under the guise of special joint encroachment removal action programme. It further states that the The office of the Assistant Commissioner of NDMC had issued a letter on April 19, 2022 for providing 400 police personal including lady police / outer force for maintain law and order during the encroachment removal action."

The plea further alleges that without giving a proper show cause notice and giving breathing time to people residing/working in the Jahangirpuri area of North Delhi the authorities started demolition of their houses, shops and other buildings denying their precious constitutional rights and right to life. It further states that the entire action of the authorities is in violation of Articles 14 and 19 of the constitution. It states that People residing and working in Jahangirpuri area are generally very poor and marginalized who are incapable of resisting the illegal inhumane action of the authorities.

In addition to this, the plea alleges that immediately on knowing about the demolition, the matter was brought before Supreme Court by way of mentioning on April 20, 2022 at 10.45 AM, and a status quo order was passed.

According to the plea, despite the fact that Karat herself rushed to the site of demolition pleaded with the Municipal Authorities and the Police to stop the demolition stating that the Supreme Court had already stayed the demolition action, they refused to stop the demolition action till 12.25 PM. According to the plea, the authorities did not stop the demolition stating that they would not discontinue the operation till the order is produced.

The plea states that "the entire media, both print and electronic, have widely published the news regarding the intervention of the Supreme Court and the order of status quo against the demolition drive. They have already demolished the shops of persons and the majority of the people living in Block C of Jahangirpuri, where the demolition took place,  are Muslims."

The plea alleges that the authorities have not touched buildings in B, H and other blocks and that the action of authorities is selective and discriminatory in their action.

According to the plea, the political executive of NDMC is maliciously indulging in a political game plan and that the entire action is absolutely and manifestly arbitrary and without following any due process of law.

The plea also alleges that Jahangir Puri demolition drive in the guise of encroachment removal is immediately after the violence that occurred in Jahangir Puri on April 16, 2022.

According to the plea, the fact-finding team of the Communist Party India (Marxist) and other Left parties has collected firsthand information from the field and the petitioner has written letter to the Commissioner of Police about the prejudiced and discriminatory approach of the police.  The plea alleges that under the guise of encroachment removal ‘discriminatory and arbitrary’ demolition drive is being operated as communal political game plan.

The plea seeks for quashing of the letter dated April 19, 2022 issued by the Assistant Commissioner of NDMC for the special joint encroachment program and seeks for compensation to be paid to the victims of the illegal demolition.

Case title: Brinda Karat Vs North Delhi Municipal Corporation