The Supreme Court Monday refused to entertain a plea filed by the Communist Party of India (Marxist) CPI(M) against the demolition drive in Shaheen Bagh, saying it cannot interfere in the matter at the instance of a political party.
Hundreds of people including women started protesting in Shaheen Bagh against the BJP-ruled South Delhi Municipal Corporation (SDMC)’s “anti-encroachment drive” in the neighbourhood. Officials reached the area with bulldozers to carry out the exercise Monday morning.
Addressing the petitioners’ counsel, the bench questioned why a political party had approached the Supreme Court and not the residents or shopkeepers directly affected by the demolition drive.
“What is this CPI(M) party filing this case? We can understand if the affected person came here. What fundamental right of a party that is violated? Is there no individual who is affected?” the bench asked.
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.
The top court also pulled up the civic body, demanding why it doesn’t undertake anti-encroachment exercises without prior notice and in accordance with the law.
“We are not interfering but when you undertake these activities why don’t you do it as per law? Why don’t you issue notice to them? We are telling you don’t demolish any structures without notice,” the court said.
Following protests and sloganeering by residents and members of the Aam Aadmi Party and Congress, the SDMC officials part of the demolition drive have returned with bulldozers without conducting the exercise for now.
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