New Delhi: Hearing a petition against the Jahangirpuri anti-encroachment drive, the Supreme Court on Thursday ordered the status quo to continue and made it clear that it was looking into whether or not due process was followed before the authorities embarked on the drive. It ordered a stay in the demolition drive and issued notices to Delhi Police and MCD asking them to file their reply. It also asked the petitioners to file an affidavit if they had received any notice of demolition.
Justice B R Gavai, who was part of the two-judge bench, said, ” “If the statute provides that something has to be done in a particular manner…(was it) done or not…That’s it… It also provides for an appellate tribunal, and the time given is 5-15 days.” The bench presided by Justice L Nageswara Rao further said it will take a stern view of the anti-encroachment drive that continued even after its order was communicated to the North MCD Mayor.
Solicitor General Tushar Mehta, appearing for the North Delhi Municipal Corporation (North MCD) and Delhi Police claimed that the action was to punish those who had participated in the April 16 communal violence. Petitioners during the hearing complaint the bulldozers were razed despite showing valid documents- said the lawyer of one petitioner.
Several concrete and temporary structures close to a mosque were brought down as part of the demolition drive on Wednesday. The Supreme Court had to intervene twice to stop the drive after it took cognizance of a petition filed by Jamiat Ulama-i-Hind against the demolition. Many owners have insisted that their establishments had the sanction of the Delhi Development Authority and the local civic bod