Big decision on Operation Bulldozer in Delhi: SC said - Prohibition on operation in Jahangirpuri continues, not in the whole country; hearing after two weeks

Posted on 21st Apr 2022 by rohit kumar

On Thursday, the Supreme Court has given a big decision on the action of the Municipal Corporation of Delhi in Jahangirpuri. The court said that the status of stay on the action of MCD will remain intact. The matter will be heard after two weeks. That is, for two weeks, the MCD cannot take action against the encroachment in Jahangirpuri. During this, the court also said that illegal constructions are demolished by bulldozers and such action cannot be stopped in the whole country.

 

This means that the order of the Supreme Court is currently only regarding the ongoing action in Jahangirpuri. This decision will not affect the action being taken in the entire country including Uttar Pradesh and Madhya Pradesh. Dushyant Dave and Kapil Sibal argued the petition filed against Operation Bulldozer in the Jahangirpuri case. Solicitor General Tushar Mehta was present on behalf of MCD. The submission was made before a bench of Justice L Nageswara Rao and Justice BR Gavai.

 

Here, 15 members of Congress led by a delegation Ajay Maken reached Jahangirpuri to meet the families affected by yesterday's bulldozer campaign. Congress general secretary Ajay Maken said, 'We have come to Jahangirpuri to meet the victims. The police are cooperating. We have come here to tell people that it should not be seen through the prism of religion.

 

Read what the arguments were given in the Jahangirpuri case and what the court said...

 

Dushyant Dave: You started the action at 9. Knowing that we will take this matter to the Supreme Court. The action continued despite orders to maintain the status quo. You destroyed the house. Should you be held responsible? They were poor people. Take any colony in South Delhi, they also have golf links. Every other house is illegal. You don't want to drop them.

 

Dushyant Dave: You cannot remove people without notice. This is the law of the jungle and we are against it. If you want to take action against illegal construction then you go to Sainik Farms and go to Golf Links. You don't want to touch them and are targeting the poor. The BJP President wrote a letter to the Mayor and action was taken against the people without giving any notice.

 

Kapil Sibal: You cannot associate encroachment with any one community. It is not limited to any one community. You cannot demolish a house just saying it is an encroachment. Not like this, not through a bulldozer. We want to stop this.

 

SG Tushar Mehta: No one has come as notice was sent to them. Suddenly organizations started coming. I can give you examples where notice is not required and also where the notice was given for the removal of illegal construction. The traders of Jahangirpuri had gone to the High Court last year and the High Court had ordered to remove the encroachment.

 

Justice Rao: Illegal constructions are demolished by bulldozers. We cannot stop the crackdown on encroachment across the country.

 

SG Tushar Mehta: Building material is not covered in the notice section. The Commissioner may at his discretion remove the handcarts, chairs, tables, etc. without notice.

 

Justice Rao: Was yesterday's anti-encroachment drive just about removing chairs, tables, and handcarts?

Justice Gavai: You needed a bulldozer to remove all this?

 

Justice Rao and Justice Gavai: Despite our order, the campaign against encroachment continued in Jahangirpuri, while the NDMC Mayor was also informed. We have taken it seriously. Will talk about this later.

 

Supreme Court: We are sending notices to all parties.

 

SG Tushar Mehta: If you entertain everyone, everyone will jump into it for their benefit.

 

Supreme Court: We know where we have to stop.

 

SG Tushar Mehta: Some of the lawyers of this court have also filed petitions.

 

Justice Rao: Why are there so many petitions in this matter? Your petition is sufficient.

 

Dushyant Dave: People have fear.

 

Supreme Court: One is enough for us. No encroachment removal action will be taken in Jahangirpuri for the next two weeks. Our old order will remain intact.

 

Jamiat Ulema-e-Hind filed a petition in the court

On Wednesday, the Municipal Corporation of Delhi (MCD) started the process of demolition of illegal constructions in Jahangirpuri. But within an hour of the commencement of the action, the Supreme Court stayed the operation. Jamiat Ulema-e-Hind had filed two petitions in the Supreme Court against the action of MCD.

 

Appealed to the court - order a ban on the trend of running bulldozers

The first of these petitions was said to deprive the local people of their basic civil rights by running a bulldozer without notice. At the same time, in the second application, an appeal was made to order a ban on the government's tendency to run bulldozers suddenly for any charge in many states of the country.

 

Supreme Court put brakes on bulldozers

The Supreme Court agreed to hear the petition of Jamiat Ulema-e-Hind. During the proceedings of the MCD, the court issued a notice saying that the status quo should be maintained in Jahangirpuri till tomorrow's hearing. At the same time, about two hours after the order of the Supreme Court, the demolition of illegal construction was completely stopped. On the other hand, Delhi BJP leaders met Union Home Minister Amit Shah regarding the current situation in Delhi.

 

Owaisi reached Jahangirpuri, said - MCD's action is wrong

AIMIM chief Asaduddin Owaisi visited Jahangirpuri on Wednesday evening. He said that it is wrong for MCD to take action without giving notice. Owaisi accused the police that I was not allowed to go where the action has been taken. The action ended the employment of people

 

Also Read: Jahangirpur Violence Case Action on illegal construction of accused involved in Jahangirpuri violence, the bulldozer will run in some time