"You Don't Want To Touch Unauthorized Constructions In Sainik Farms Or Golf Links, But Target The Poor In Jahangirpuri" : Dushyant Dave

Senior Advocate Dushyant Dave on Thursday argued in the Supreme Court that the anti-encroachment drive in Jahangirpuri was hypocritical as only the properties of the poor are targeted and no action is taken against unauthorized constructions of the rich and the elite.

"If you want to act against unauthorized constructions, you go to Sainik Farms. Go to Golf Links where every second home is an encroachment. You don't want to touch them, but target the poor people", Dave submitted.

He was appearing on behalf of Islamic clerics' body Jamiat Ulema-i-Hind which has filed a petition challenging the demolition drive taken by the North Delhi Municipal Corporation in the riots-hit Jahangirpuri area.

It was Dave's argument that the action in the Muslim-dominated Jahangirpuri, where communal riots took place last Saturday during Hanuman Jayanti celebrations, is intended to target only one community.

"There are 731 unauthorised colonies in Delhi with lakhs of people and you pick up one colony because you target 1 community!", Dave submitted. He submitted that few days after the riots, BJP's Delhi President Adesh Gupta wrote a letter to the Commissioner of the North Delhi Municipal Corporation urging that a Bulldozer be ran over the properties of "rioters".

"How is it that the President of the BJP writes a letter to the Municipal Commissioner to start demolitions and they demolish after that?", Dave asked.

"The police and civil authorities are bound by the Constitution and not by letters written by a BJP leader. His wish became the command. It speaks on a sad commentary on us as a nation", Dave added.

Dave referred to Section 343 of the Delhi Municipal Corporation Act to state that it provides for a reasonable opportunity of hearing to a person before his property is demolished. However, the demolitions were carried out in a hasty manner without any notice. 

Dave started his submissions by saying that it was a matter of "national importance".

"This is not an issue confined to Jahangirpuri. It is a matter affecting social fabric of our country. Particular section of society is being targeted. I'll read Dr Ambedkar and Sardar patel on this, how they spoke of this eventuality. This is the warning they gave. If this is allowed, there will be no rule of law left. How is it that the President of the BJP writes a letter to the Municipal Commissioner to start demolitions and they demolish after that? The Municipal Corporation Act provides for service of notice, appeals..Look at the Olga Tellis case, where the Supreme Court protected.."

Solicitor General of India Tushar Mehta refuted the submissions by saying that notices were served on the concerned persons. The SG said that there are judicial orders to clear encroachments. The individuals have not come before the Court as they will have to show the notices and hence an organization has filed the petition, he added. The SG also refuted the argument that the action was targeted at a particular community by saying that action was taken against properties of Hindus as well.

A bench comprising Justices L Nageswara Rao and BR Gavai issued notice on the petition and sought the NDMC's affidavit in response to it. The bench extended the status quo order on demolitions until further orders and listed the matter after two weeks.

For detailed account of the hearing, refer here.

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