Saturday, February 4, 2023

Plan to demolish allegedly irregular properties inhumane: CPI(M) plea in Supreme Court

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The Communist Party of India (Marxist)’s Delhi unit has approached the Supreme Court against the planned anti-encroachment drive.

The public interest litigation petition filed by the CPI(M) filed an PIL mentioning that properties that if the properties that are alleged to be irregular (not proven) are demolished than it would be an inhumane action and a violation of the Constitution of India. The plea further says that all the occupants are not unauthorized occupants or enchroachers.

“Without giving a proper show cause notice and giving breathing time to people residing / working in different areas of South Delhi the Respondents proposed to start demolition of buildings denying their precious constitutional rights and right to life,” the plea stated.

“The entire action is absolutely and manifestly arbitrary and in violation of Article 14, 19 and 21. If this is permitted their only shelter and buildings for their livelihood will be demolished in utter disregard to statutes and the Constitution”

-the plea said.

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The plea also said that only poor and marginalized people reside on the notified areas who are not in a condition to resist illegal or inhumane action only.

The plea which was drawn by advocate Subhash Chandran KR, settled by Senior Advocate PV Surendranath and filed through advocate Biju P Raman, has requested the stay of the anti-encroachment drives.

The other plea in the matter was filed by the Delhi Pradesh Rehri Patri Khomcha Hawkers Union, also through advocate Raman.

Another plea that was put forward to the Apex court was by Delhi Hawkers Union who stated that in Sangam Vihar area, authorities demolished buildings with bulldozers on May 4.

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“They have illegally demolished buildings of the poor people with bulldozers illegally and causing severe trauma and loss to the people. But the authorities did not undertake the demolition drive in Kalindi Kunj as per schedule as there was no sufficient police force. Now it is reliably understood that they would be demoliting the buildings in Shaheen Bagh and other areas on 9th to 13th May, 2022”

-it was submitted.

The Union says that this act by the municipal corporation is a political game plan which does not follow the orders of the Top court as well. It also requested the court to direct respondent authorities to grant compensation to demolition victims.

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The Supreme Court is currently seized of a batch of petitions regarding the conduct of demolition drives in Delhi’s Jahangirpuri and in other states.

The petitioner in the cases are the Jamiat-Ulama-i-Hind, CPI(M) leader Brinda Karat and one Ganesh Gupta, whose juice shop in Jahangirpuri was demolished.

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