New Delhi: Delhi State Committee of the Communist Party of India(Marxist) has moved the Supreme Court against the "illegal and inhumane" action of the South Delhi Municipal Corporation demolishing the houses in South Delhi under the "guise of encroachment removal program".
CPI(M)'s Delhi unit in its petition contended that no show cause notice was issued to the occupants and the entire action of the authorities is in violation of the residents' fundamental rights under Articles 14,19 and 21 and natural justice. It further stated that the houses of poor and marginalized people have been illegally demolished with bulldozers causing severe trauma.
The petition points out that houses in Kalindi Kunj were not demolished as there was "no sufficient police force". "None of the provisions in Delhi Municipal Corporation Act or any other relevant statute authorizes the Respondents to demolish the buildings without due notice and giving sufficient time to show cause against demolition. Section 317 and 343 of the Delhi Municipal Corporation Act,1957 specifically mandates due notice and time for showing cause before removal of encroachment or demolition," read the plea.
Pointing out to SC order directing a stay on demolition in Jahangirpuri, the petition said that SDMC and NDMC, governed by the same party, dictate arbitrary and illegal demolition of buildings. The petitioner sought quashing of orders regarding demolition and adequate compensation to the victims of the illegal demolition. A similar plea against the demolition of South Delhi houses has been filed by Delhi Pradesh Rehri Patri Khomcha Hawkers Union in the interest of hawkers who resided in South Delhi and whose houses have been demolished. Both the petitioners have alleged a "political game plan" in demolishing the houses.
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