Juice shop owner moves SC against NDMC demolition drive in Jahangirpuri

Petitioner, Ganesh Gupta, whose juice shop was among the properties which were razed by the Municipal Corporation has moved before the top court against the mala fide power exercised by the North Delhi Municipal Corporation

Communist Party of India (Marxist) leader Brinda Karat and a juice shop owner whose properties were demolished by the North Delhi Municipal Corporation (NDMC) were among other petitioners who moved the Supreme Court against the demolition drive being carried out by civic bodies. Brinda Karat, a renowned political activist and member of the Politbureau of the Communist Party of India (Marxist), has filed a petition in SC alleging that the action of NDMC, which demolished residential and small shops of the people and said that the action of NDMC was a total violation of principles of natural justice, statutes and the Constitution.

The office of the Assistant Commissioner of Respondent NDMC has issued a letter dated April 19, 2022 for providing 400 police personnel including women police/outer force for maintaining law and order during the encroachment removal action. "Without giving a proper show cause notice and giving breathing time to people residing/working in Jahangirpuri area of North Delhi the Respondents started demolition of their houses, shops and other buildings denying their precious constitutional rights and right to life. The entire action is absolutely and manifestly arbitrary and in violation of Article 14, 19 and 21," Karat said in her petition.

The petitioner Karat also said that people residing and working in the Jahangirpuri area are generally very poor and marginalized and are incapable of resisting the illegal inhumane action of the respondents. Petitioner, Ganesh Gupta, whose juice shop was among the properties which were razed by the Municipal Corporation has moved before the top court against the mala fide power exercised by the North Delhi Municipal Corporation.

Ganesh Gupta submitted that the shop of the Petitioner was allotted by DDA in the year 1977-78 and he has since that period been regularly paying the necessary fees and taxes. The Petitioner submitted that on the day of demolition he tried to show all the required documents but no heed was paid to his requests and his shop was damaged. Henceforth, the petitioner Ganesh Gupta has sought immediate intervention of the Court to tackle such extrajudicial measures being employed by the state.

The petitioner also submitted that despite the Supreme Court's order of halting the demolition in Jahangirpuri, the orders of the Supreme Court were flouted brazenly by the Municipal Corporation workers, indicating a complete breakdown of democratic institutions and rule of law in India.

Therefore, Ganesh Gupta has preferred the petition seeking compensation for his loss as well as to promote and vindicate public interest which demands that violations of constitutional or legal rights of large numbers of people who are poor, ignorant or in a socially or economically disadvantaged position should not go unnoticed and unaddressed.

Brinda Karat, in her petition before Supreme Court against the demolition drive initiated by North Delhi Municipal Corporation, has sought to issue a direction quashing and setting aside of action initiated by North DMC and not to proceed with any action in pursuant to and in furtherance of the notification without due process of law complying principles of natural justice and following statutory mandate. The leader also sought to issue an appropriate direction to the Respondents to grant adequate compensation to the victims of the illegal demolition undertaken.

The Supreme Court on Thursday morning ordered that the status quo shall be maintained for another two weeks on the demolition drive carried out by the North Delhi Municipal Corporation in the national capital's Jahangirpuri area. The court also issued notice to North DMC and others, asking them to file a reply on the petition against the drive in Jahangirpuri.

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