'Strange Facts' : Supreme Court Issues Notice To Delhi Municipal Corporation Over Demolition Of Delhi Public Library In Karol Bagh

The Supreme Court on Monday (November 25) issued show-cause notice to the Municipal Corporation of Delhi (MCD) and the owner of a building that housed the Delhi Public Library in Karol Bagh, New Delhi, regarding the demolition of the building in 2018.

A bench of Justice Surya Kant and Justice Ujjal Bhuyan expressed concern over the circumstances surrounding the demolition, which occurred shortly after the Delhi High Court dismissed a PIL against the demolition, without giving time to the affected parties.

The Court noted that a substantial portion of the building was demolished on the very same day the Supreme Court passed a status quo order.

“Strange are the facts of this case. The High Court dismissed the Writ Petition on 10.09.2018 and without giving even a breathing time to the tenant or other persons, who were likely to be affected upon demolition of the building, to approach this Court, it is claimed that the Municipal Corporation of Delhi (for short, `MCD') demolished substantial part of the building on 18.09.2018 before lunch. It may be noted that this Court on 18.09.2018 stayed the demolition directing that status quo shall be maintained by the parties and no portion of the property in dispute shall be demolished”, the Court observed.

The MCD has denied conducting any demolition. However, the property owner claimed that the demolition was carried out by the MCD's Executive Engineer, supported by photographic evidence.

In light of these conflicting claims, the Supreme Court deemed it necessary to investigate the matter further. The Court directed:

1. Issuance of a show-cause notice to the MCD and the property owner asking why an independent inquiry should not be conducted to determine who was responsible for the demolition and the underlying reasons for denying affected parties their legal recourse.
2. The Commissioner of MCD to file a comprehensive affidavit explaining whether MCD carried out the demolition and to submit original records.
3. The property owner company M/S Dimple Enterprise to file an affidavit detailing the circumstances of the demolition and providing full information about the individuals involved in its entity's incorporation.

The affidavits and records are to be submitted within two weeks. The matter is listed for hearing on December 16, 2024. In the meantime, the Supreme Court's interim order dated September 18, 2018, staying further demolition, will remain in effect.

Background

The public interest litigation before the High Court sought to protect the Delhi Public Library located in Karol Bagh. The petitioners, claiming to be public-spirited journalists, had requested the High Court to quash MCD notices dated September 15, 2016, and November 4, 2016, which required the library premises to be vacated or demolished. They also sought to initiate an inquiry against North MCD officials and Delhi Library Board members.

The High Court noted disputes over the building's condition and ownership but declined to adjudicate them, citing the limited scope of public interest litigation. Observing that the books had been relocated for safekeeping, the High Court directed the property owner to re-establish the library at an alternative site within six months. The writ petition was disposed of on September 10, 2018.

The Delhi Library Board challenged this decision before the Supreme Court. The Supreme Court in an interim order dated September 18, 2018, stayed further demolition.

Case no. – Special Leave to Appeal (C) No. 25698/2018

Case Title – Delhi Library Board v. North Delhi Municipal Corporation & Ors.