The Supreme Court on Monday refused to entertain a plea filed by CPI(M) against the demolition drive in Shaheen Bagh here, saying it cannot interfere with the anti-encroachment drive at the instance of a political party. A bench of Justices L Nageswara Rao and BR Gavai asked the party to approach the Delhi High Court.
“Why is CPI(M) filing a petition? What is the fundamental right that is being violated? Not at the behest of political parties. This is not the platform. You go to the high court,” the bench said. The top court said if hawkers are encroaching, they will be removed and in case there is any violation of law by authorities, the petitioner can go to the High Court.
The plea by CPI(M) stated that the demolition of allegedly irregular properties would be an illegal and inhumane action in total violation of the principles of natural justice and the Constitution of India. The plea claimed that the occupants are not illegal encroachers or unauthorised occupants as alleged by the respondent authorities.
The plea stated that on May 4 the authorities demolished buildings with bulldozers in Sangham Vihar area and they were planning to do the same in Shaheen Bagh and other areas on May 9 and May 13.
However, Solicitor General Tushar Mehta said the facts are being misrepresented. “This is a process which has been going on for long, a routine exercise after serving notice,” he said. When senior advocate P Surendranath, appearing for the CPI(M), referred to the apex court’s recent orders on Jahangirpuri where the demolition drive was stayed, the bench said let the affected parties come.
“We have not given license to anybody to come here to say my house cannot be demolished even if it is unauthorized. You cannot take shelter of that order. We cannot interfere…that too at the instance of political parties”, the bench said. After hearing the matter for some time, the matter was dismissed as withdrawn with liberty to approach the Delhi High Court.
Encroachment drives were planned in SDMC areas after Delhi BJP chief Adesh Gupta wrote to the party-ruled civic body’s mayor on April 20 to remove encroachment by “Rohingyas, Bangladeshis and anti-social elements”.
A demolition drive in Jahangirpuri in north Delhi had witnessed violent clashes, including stone-pelting, arson, and firing, between two communities during a Hanuman Jayanti procession last month. It was stopped following the Supreme Court’s intervention.
The drive comes as the national capital gears up to vote for civic body polls. The AAP has alleged action by the BJP against the poor.
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