[Jahangirpuri Demolition] "Road or footpath is cleared without any distinction of religion or occupier," NDMC tells Supreme Court

The North Delhi Municipal Corporation has informed the Supreme Court in its affidavit submitted that when the road or footpath is cleared, the process goes on from one end to another without any distinction of the religion or owner/ occupier who has unauthorisedly occupied footpath or public road.

It is said that it is unfortunate that after the status quo imposed by the order of the apex Court in most of the places, the position before the exercise has reoccurred. In other words, after the status quo order, those who were removed from the public road have come back and have occupied footpath and public road again.

The affidavit has been filed in response to the plea filed by Jamiat Ulema I Hind. The organization had urged the top court to issue appropriate directions to the centre and State that such actions cannot be taken against any accused in any criminal proceedings.

The affidavit has further stated that "it is for this very reason that the petitioner has lent its name suppressing the above-referred facts and has attempted to communally sensationalize an otherwise routine administrative exercise which was being undertaken under the orders of the High Court of Delhi and not targeting any religion or community."

Clarifying over the continuation of demolition process irrespective of the apex Court's order on April, 20, 2022 morning, NDMC submitted that "It is always a common experience that whenever the law enforcing agencies exercise their powers of removal of unauthorized projections and other encroachments under section 322 of the Act, the affected parties mislead the authorities by wrongly contending that there is stay by some Competent Court. It is therefore that unless such a stay order is shown, the drive continues."

Whereas, "The Officers on site on a working day while supervising the drive would not be looking at the television reports or social media reports. Though, some people did intimate the officials present vaguely about the stay having been granted, the process of removal of unauthorized encroachment and projections on public road and footpath continued till the authorities verified the information in short time."

Earlier, The Supreme Court had issued notice in the petition(s) against the usage of bulldozers for razing down properties of those who indulge in violence while extending status quo.

Whereas, Senior Advocates Kapil Sibal & Dushyant Dave appeared for the petitioner(s). Both Senior Advocates essentially argued that the demolition drives are being carried out sans any procedure and due process and in order to target the Muslim community.

Before this on April 20, 2022, A Supreme Court bench headed by Chief Justice of India Justice NV Ramana and consisting of Justices Krishna Murari and Hima Kohli had ordered status quo on the demolition drive against the encroachment at Jahangirpuri in Delhi.

The North Delhi Municipal Corporation had launched a special encroachment removal action program. A senior official of the North Delhi Municipal Corporation wrote to the DCP north-west, apprising that encroachment removal action program will comprise the PWD, local body, police and several departments of the North corporation.

Cause Title: Jamiat Ulama-I-Hind & Anr. Vs. North Delhi Municipal Corporation & Ors.