The Delhi High Court has directed the MCD to halt any demolition action against the homes of accused in the Uttam Nagar murder case until it hears the matter. The interim order was passed on petitions by the accused’s mothers fearing illegal demolition.
The Delhi High Court on Tuesday directed the Municipal Corporation of Delhi (MCD) not to undertake any demolition action against the homes of persons accused in the murder of a 26-year-old man during Holi celebrations in Uttam Nagar until the court hears the matter on Wednesday.
Justice Amit Bansal said that no coercive action should be taken by the civic authorities in the meantime while the High Court considers the petitions filed by the mothers of the accused persons. “Nothing should happen between today and tomorrow. Nothing should happen between 4 PM now and tomorrow, 10:30 am,” Justice Bansal said while issuing the interim direction.
The court passed the order after counsel appearing for the respondents requested the Bench to hear the matter in detail on Wednesday.
Petitioners Seek Protection
The petitions have been filed by Shahnaz and Jarina, the mothers of some of the accused in the Uttam Nagar case, seeking protection of their residential properties from what they describe as arbitrary and illegal demolition by the Municipal Corporation of Delhi without following due process of law.
Advocate Divyesh Pratap Singh appeared on behalf of both petitioners before the High Court.
Details of the Petitions
In her petition, Shahnaz stated that she and her family have been residing in their residential property in Uttam Nagar for the past 15-20 years. She submitted that the property was purchased by her husband and the family has been living there peacefully since then. The plea states that electricity bills and municipal charges have been regularly paid and that the authorities themselves recognised the existence of the property by assigning a house number and collecting revenue for several years.
Jarina, in her petition, stated that she and her family have been residing in their residential properties in the same locality for nearly four decades. According to the plea, she and her husband have regularly paid electricity bills and municipal charges in respect of the properties, which indicates that the structures had long been recognised by authorities.
Background of the Dispute
The petitions state that an FIR was registered on March 5 at Police Station Uttam Nagar under provisions of the Bharatiya Nyaya Sanhita in connection with a local altercation between neighbours.
According to the petitioners, the dispute allegedly arose from a minor disagreement involving children playing with balloons that escalated into a verbal altercation and a scuffle between two families.
The pleas claim that although the dispute was essentially personal in nature, certain elements attempted to give the incident a communal colour, thereby escalating tensions in the area.
According to the petitions, a mob later gathered in the locality and allegedly spread misinformation portraying the incident as a communal attack. The pleas further allege that some individuals forcibly entered houses linked to the accused by breaking open locks and doors, vandalised the premises and set parts of the houses on fire, causing extensive damage.
Demolition Challenged as Punitive Action
The petitioners have also challenged the demolition action carried out by civic authorities. According to the pleas, the Municipal Corporation of Delhi demolished the residential structure of one of the accused using bulldozers without issuing any prior notice, show-cause notice or providing an opportunity of hearing.
The petitions contend that the demolition was carried out immediately after the registration of the FIR, creating a strong apprehension that the action was taken as a punitive measure against the occupants because of their alleged involvement in the criminal case.
The petitioners have expressed apprehension that their properties may also be demolished without following due process, particularly after the demolition of the house of another accused created fear in the locality. They have also alleged that certain groups and anti-social elements have been issuing threats, which endanger the safety of the petitioners and their family members.
Legal Arguments and Constitutional Protections
The petitions argue that any demolition without prior notice would violate the principles of natural justice and constitutional protections under Articles 14, 21 and 300-A of the Constitution of India. They also rely on the Supreme Court’s 2024 directions in the matter relating to demolition of structures, which mandate prior notice and an opportunity of hearing before such action is undertaken.
The High Court will now hear the matter in detail on Wednesday. (ANI)
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