‘No demolition without notice’: MCD assures Delhi HC on Uttam Nagar residents' plea

The court, on March 11, had protected the petitioners' residential premises from demolition action for a week and asked them to file a fresh plea about their grievance.

New Delhi: The Municipal Corporation of Delhi on Tuesday told the Delhi High Court that it will not demolish any unauthorised construction in houses belonging to certain individuals allegedly involved in a clash in Uttam Nagar on the day of Holi that left a 26-year-old man dead without issuing prior notice to them.

The civic body made the statement before Justice Amit Bansal on petitions filed by Jarina, mother of Imran, one of the accused, and Shahnaz, whose children were interrogated by police, apprehending demolition of their residential premises.

In view of the stand of the Municipal Corporation of Delhi (MCD), Justice Bansal closed the proceedings on the petitions.

"Senior advocate Sanjay Poddar said the MCD shall not take action against unauthorised constructions without issuing notice to the petitioners. He also submitted that any action shall be in accordance with the Supreme Court judgement (on demolitions),” the court said.

The petitioners' counsel said they apprehended that the MCD would demolish their houses without following the due process of law.

Senior MCD counsel Poddar said his statement was only for the residential premises in question in the case.

On March 11, the court had protected the petitioners' residential premises from demolition action for a week and asked them to file a fresh plea about their grievance.

Several people, including a minor, have been apprehended in connection with the death of the 26-year-old man in a clash between two neighbouring families with long-standing disputes during Holi celebrations in Uttam Nagar on March 4.

On March 8, the MCD razed a part of the house belonging to the family of the accused, saying it was built on a drain.

In their earlier petitions, the petitioners sought directions to protect their residential premises at JJ Colony in Uttam Nagar from "arbitrary and illegal" demolitions by the MCD.

The MCD counsel had then assured the court that demolition activity in the area was not selective but was undertaken to remove encroachment by houses on a public drain, and the law did not require the civic body to provide any prior notice for it.

The court was informed that only certain portions of the houses were razed.

Jarina, in her earlier petition, had said the demolition of the house of the accused Umardeep by the MCD created an atmosphere of terror and insecurity in the locality, resulting in a genuine apprehension that her house might also be demolished without following the due process of law.

The petition contended that any demolition, which cannot be used as a punitive measure in criminal cases, requires the issuance of a show-cause notice and providing an opportunity of hearing to the affected persons.