The Delhi High Court on Tuesday instructed the Municipal Corporation of Delhi (MCD) to suspend any demolition actions concerning the residences of individuals accused in the murder of a 26-year-old man during Holi celebrations in Uttam Nagar. The directive was issued on Tuesday and will remain in effect until the court reviews the matter on Wednesday. Justice Amit Bansal specified that no coercive measures should be taken by the municipal authorities during this interim period.
Petitioners Seek Protection for Their Homes
The order followed petitions filed by Shahnaz and Jarina, the mothers of some of the accused. They are contesting what they characterize as arbitrary demolitions by the MCD, which they assert were carried out without due legal process. Advocate Divyesh Pratap Singh represented the petitioners before the bench, requesting an in-depth hearing on the issue the following day.
Claims of Established Residency and Legal Rights
Shahnaz claimed in her petition that her family has resided in Uttam Nagar for 15 to 20 years, asserting that her husband acquired the property and they have lived there peacefully since. She noted that they have consistently paid electricity bills and municipal charges, and the authorities have recognized their home by assigning a house number and collecting taxes for several years. Similar claims were made by Jarina, who stated that she and her family have inhabited their properties in the same locality for nearly 40 years, emphasizing their long-term presence and regular payments to municipal authorities.
Context of the Dispute
An FIR was filed on March 5 at the Uttam Nagar police station regarding a local dispute. The incident reportedly originated from a minor disagreement between children and escalated into a verbal confrontation between two families. According to the petitions, certain elements attempted to frame the altercation as a communal issue, further inflaming tensions in the area. A subsequent gathering of a mob allegedly spread false information, characterizing the incident as a communal assault.
Allegations of Vandalism and Fear Among Residents
The petitions detail claims that some individuals forcibly entered the residences of the accused, breaking doors and locks, vandalizing properties, and igniting parts of the houses, leading to significant destruction. The petitioners are contesting demolition actions executed by the MCD, which they argue involved bulldozers demolishing one accused individual’s house without prior notice or an opportunity for a hearing. This immediate action followed the registration of the FIR, raising concerns among the petitioners that it was a punitive response to their alleged criminal involvement.
Legal Basis for the Petitions
The petitioners are fearful that their properties may also be subject to demolition without proper legal procedures, especially following the demolition of another accused’s residence, which has heightened anxiety in the community. They allege threats from certain groups and anti-social elements that compromise the safety of their families. Their petitions argue that any demolition conducted without advance notice would breach principles of natural justice and violate constitutional protections under Articles 14, 21, and 300-A of the Constitution of India. They also cite a Supreme Court ruling that necessitates prior notification and an opportunity for a hearing before such actions are taken.
Next Steps in Judicial Proceedings
The High Court is set to conduct a detailed hearing on the matter on Wednesday, as the legal process continues amid the ongoing tensions in Uttam Nagar following the unfortunate incident during Holi.