NEW DELHI: Delhi High Court on Tuesday directed the Municipal Corporation of Delhi (MCD) to refrain from carrying out any demolition action against the houses of two persons accused in the murder of a 26-year-old man in Uttam Nagar during Holi celebrations until the court hears the matter on March 11.
Justice Amit Bansal passed the interim order on a plea filed by Shahnaz, the mother of Sohel and Ayan, interrogated by the police in the case, and Jarina, the mother of co-accused Imran alias Banti. The plea has sought directions to protect the accused’s residential premises from “arbitrary and illegal” demolition. “Nothing should happen between today and tomorrow,” the judge said.
During the hearing, the counsel appearing for the authorities requested the court to take up the matter on Wednesday. The petitioners’ lawyer then requested an interim order, seeking protection in the meantime.The petition claimed that demolition of one of the accused’s houses has created an atmosphere of terror and insecurity in the locality, resulting in a apprehension that other houses might also be razed without following due process of law. The plea claimed that demolition cannot be used as a punitive measure in criminal cases.
It further issues a show-cause notice to the authorities concerned. The petition claimed that a “purely personal” dispute has been maliciously given a communal colour, and certain religious groups and anti-social elements were also extending threats to them.
The MCD had on March 8 demolished certain “illegal portions” of a house linked to one of the accused in the murder 26-year-old Tarun Bhutolia during Holi celebrations on March 4. The MCD said it was built on a drain. As per MCD officials, the corporation was not obligated to give prior notice in an anti-encroachment drive.
However, the plea stated that the Supreme Court has categorically held that no demolition can be carried out without prior notice, opportunity of hearing, and adherence to statutory procedure, including a minimum of 15 days’ notice to the affected party.