India Supreme Court stays anti-encroachment drive in Delhi neighborhood News
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India Supreme Court stays anti-encroachment drive in Delhi neighborhood

The Supreme Court of India Thursday ordered a two-week stay on an anti-encroachment drive undertaken by the New Delhi Municipal Corporation (NDMC), the local civic body, to remove illegally constructed stalls and buildings in Jahangirpuri area, New Delhi. The court issued this stay order in petitions filed by the Jamiat Ulama-i-Hind, a leading Muslim organization, against the NDMC, the Government of India, and the state governments of Madhya Pradesh, Uttar Pradesh and Gujarat for the initiation of similar demolition drives.

Jahangirpuri is a predominantly Muslim neighborhood that was the site of communal violence on Saturday, allegedly following a procession before a mosque in the area on a Hindu festival. The NDMC sought the assistance of both the Delhi police and the Central Reserve Police Force (CRPF) for the anti-encroachment drive.

A bench led by the Chief Justice of India on April 20 ordered status quo on the demolition drive on hearing a mention by senior advocate Dushyant Dave appearing for Jamiat Ulama-i-Hind. In a flagrant violation of the stay order, the demolition drive continued for several hours even after notice of the stay was served to the Delhi mayor. The NDMC stopped the drive only after the Chief Justice communicated the order directly to the NDMC and the Delhi Police.

The petitioners alleged that prior notice of the demolition was not issued to the area’s residents. The NDMC maintained that it had issued notices for the destruction of buildings. The Supreme Court questioned why the NDMC had not followed statutory procedure under the Delhi Municipal Corporation Act, which allows a five to fifteen-day period to file an appeal against the demolition notice.

After the demolition, several petitions were filed before the Supreme Court by affected persons and opposition party leaders who alleged that the drive was a targeted attack against the minority Muslim community in India.

The Central Government of India, led by the Bharatiya Janata Party (BJP), controls the NDMC. Over the past several years, the United Nations and several human rights organizations have raised the alarm over the BJP’s harassment and targeting of Muslim minorities. The US Secretary of State also recently expressed concern over human rights abuses in India following a ministerial dialogue.