[Shaheen Bagh] “Cannot entertain plea’s at behest of political parties”: Supreme Court on CPI(M)’s apprehension against demolition of illegal encroachments

The Supreme Court on Monday refused to entertain a plea filed by The Delhi State Committee Communist Party of India against the alleged 'highly illegal and inhumane action' of the South Delhi Municipal Corporation to demolish buildings in South Delhi, stating that the matters cannot be heard at the behest of Political parties. The CPI(M) had approached Supreme Court on the “apprehension” that demolitions will be carried out at Shaheen Bagh.

A bench of Justice L Nageswara Rao and Justice BR Gavai said that, "This is too much, we cannot give a pass to the people to approach Supreme Court every time something happens."

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

The Court asked the parties to approach the High Court. "Why are you coming here, if they have encroached, in Jahangirpuri matter, we had to interfere as there were demolition of structures."

In addition to this, the bench further asked Solicitor General Tushar Mehta about issuing noticed to persons whose properties are sought to be demolished.

However, SG Mehta responded stating that the statute says that notice is not necessary and this is a misrepresentation that it is being done suddenly, adding that it was being carried out for very long.

The bench has asked the petitioners to approach the High Court stating that, "we don't know what is being demolished, the High Court may look into this."

Another Counsel submitted that an IA has been filed as earlier the Court had said that if there is any demolition we may reach to the Court.

Justice Rao responded by stating that the Court cannot give a pass to people to approach Supreme Court every time there is something, that too at the behest of a political party.

Justice Rao said, "the High Court can definitely take this up, you have been in the verandas of Supreme Court since morning, you should have gone to the High Court. What do you choose, either you withdraw or we'll dismiss it?"

The Court also said that there appears to be some order of the High Court, that is because of which the petitioners are not going to the High Court. The Court wants to protect life and everything but not like this.

Over the request of the petitioner to grant a stay on the demolition for two days, the bench said that it cannot be stayed at the behest of political parties, if there would have been some affected people then the Court would have heard it.

The plea had 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 was 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 had 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.

Case Title: CPI (M) DELHI STATE COMMITTEE THROUGH ITS SECRETARY vs. SOUTH DELHI MUNICIPAL CORPORATION & ORS.