MCD told Delhi High Court it will not demolish homes linked to the Uttam Nagar clash without prior notice. The assurance brings relief to residents who feared sudden action without due legal process.
The Municipal Corporation of Delhi (MCD) has assured the Delhi High Court that it will not demolish any allegedly unauthorised constructions in the houses of individuals linked to the Uttam Nagar Holi clash case without first issuing proper notice.
The statement came during a hearing before Justice Amit Bansal, where petitions were filed by Jarina, the mother of one of the accused, Imran, and Shahnaz, whose children were questioned by the police. Both petitioners expressed fear that their homes might be demolished without following legal procedures.
Taking note of the MCD’s assurance, the High Court decided to close the proceedings in the matter.
As recorded by the court,
“Senior advocate Sanjay Poddar said the MCD shall not take action against unauthorised constructions without issuing notice to the petitioners. He also submitted that any action shall be in accordance with the Supreme Court judgement (on demolitions),”
the court said.
The petitioners had earlier approached the court stating that they were afraid the civic body might take sudden demolition action without giving them a chance to respond or defend their case. Their concern was based on recent events in the area.
During the hearing, senior counsel Sanjay Poddar clarified that the assurance given by the MCD was limited specifically to the residential properties involved in this case.
Earlier, on March 11, the High Court had already granted temporary protection to the petitioners by stopping any demolition action for one week. The court had also asked them to file a fresh petition explaining their grievances in detail.
The case is connected to a violent clash that took place on March 4 during Holi celebrations in Uttam Nagar, where a 26-year-old man lost his life. The clash reportedly involved two neighbouring families who had a long-standing dispute. Following the incident, several individuals, including a minor, were detained by the police.
Soon after the incident, on March 8, the MCD carried out a demolition drive and partially demolished a house belonging to the family of one of the accused. According to the civic body, the structure was built over a drain, making it an illegal encroachment.
In their earlier plea, the petitioners argued that the demolitions were “arbitrary and illegal” and sought protection for their homes located in JJ Colony, Uttam Nagar. They maintained that such actions should not be carried out without following due legal procedures.
At that time, the MCD had defended its action by stating that the demolition drive was not targeted at any individual but was part of a broader effort to remove encroachments built over public drains. The civic body had also claimed that the law does not always require prior notice for such demolitions.
However, the court was informed that only certain portions of the houses were demolished and not the entire structures.
Jarina, in her earlier petition, highlighted the fear created in the locality after the demolition of another accused person’s house. She stated that the action had led to panic among residents and raised concerns that similar steps could be taken against others without due process.
The petition further stressed that demolition cannot be used as a punishment in criminal cases. It argued that any such action must follow legal procedures, including issuing a show-cause notice and giving the affected individuals a fair opportunity to be heard before any demolition is carried out.
With the MCD now assuring the court that proper notice will be given before any action, the High Court has disposed of the petitions, bringing temporary relief to the affected families while reinforcing the importance of due process in demolition actions.
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