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Jahangirpuri demolitions: Will take serious view says SC, orders status quo

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New Delhi, Apr 21: The Supreme Court has begun hearing petitions seeking to stall the demolition drive at Jahangirpuri in Delhi. The court has ordered a status quo and Bench comprising Justices L Nageshwara Rao and B R Gavi is hearing the arguments by the petitioners. The court also ordered that status quo will continue in Jahangirpuri demolitions until further orders. The matter will be heard after two weeks.

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Senior advocate, Kapil Sibal appearing for the petitioner said that encroachments are not limited to one community. You cannot connect just one community and this is not a forum for politics. We want a stay on demolitions and want you to tell the world that the rule of law prevails, Sibal also added.

Sibal appearing for the Jamiat Ulema-e-Hind said that the demolitions are happening across India.

Muslims were targeted especially during Ram Navami. The houses of only one community were demolished.

Senior advocate Dushyant Dave appearing for the petitioners said that a reasonable opportunity is to be given. Home have been destroyed and who is responsible for this. They will not touch Sainik Farms and south Delhi where every other home would be unauthorised. The letter by the Delhi BJP chief is a sad commentary on the state of our nation.

The court asked Dave whether it was the BJP leader's wish to which he responded that wish was implemented by the MCD. They took his wish as their command, Dave also submitted.

Solicitor General Tushar Mehta said that as far as the buildings were concerned, notices was issued.

There is a judicial order regarding the removal of encroachments. This has become a pattern. Whenever a an issue arises instead of the individuals coming in, organisations file petitions and entire spectrum jumps in.

Justice Rao said that the court will ask for details of the demolition and we will ask them to file an affidavit. We will take a serious view of the demolitions that took place after information was given to the Mayor, Justice Rao said.

On a mentioning made by Senior Advocate Dushyant Dave, a Bench headed by Chief Justice of India, N V had on Wednesday Ramana ordered status quo on the demolition. Dave said that something serious requires the court's immediate attention. This is about a completely unconstitutional and illegal demolition that has been ordered in the Jahangirpuri area where riots took place last week, Dave said.

He also said that no notice was served. There is a provision for appeal under the Municipal Corporation Act. We have filed a provisional application and it was supported to start 2 pm. However the demolition began at 9 am on Wednesday knowing fully well that we would mention the same, Dave said.

On Wednesday the court had stopped the anti-encroachment drive by authorities in violence-hit Jahangirpuri area here, and agreed to hear a petition challenging the action of the civic bodies allegedly aimed against the riot accused.

A bench headed by Chief Justice NV Ramana ordered status quo in the present situation, saying the petition would be listed before an appropriate bench.

Senior advocate Dushyant Dave mentioned a petition against the special joint encroachment removal action of civic bodies including the NDMC and the PWD, saying "a completely unauthorised and unconstitutional demolition" had been ordered.

He alleged that the demolition, which was to start at 2 pm on Wednesday, had begun at 9 am and no mandatory notice for demolition had been served on the alleged violators.

The area had witnessed violent clashes, including stone-pelting, arson and firing, between two communities during a Hanuman Jayanti procession on Saturday. Eight police personnel and a local had sustained injuries.

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