Supreme Court declines to stay razing drive at Tughlaqabad

The demolition drive was initiated days after Delhi HC’s order directing the ASI to remove encroachment from the fort within four weeks.
Locals shift their belongings as illegal constructions are demolished during an antiencroachment drive near the Tughlaqabad Fort. (Photo | PTI)
Locals shift their belongings as illegal constructions are demolished during an antiencroachment drive near the Tughlaqabad Fort. (Photo | PTI)

NEW DELHI: The Supreme Court on Monday refused to stay a demolition drive to remove encroachment from the Tughlakabad area in South Delhi.

The demolition drive was initiated days after Delhi HC’s order directing the ASI to remove encroachment from the fort within four weeks.

The drive had commenced on Sunday and was being overseen by district magistrate Isha Khosla, the Kalkaji SDM and senior police officials. Security was increased at the camp, with police and Central Reserve Police Force (CRPF) personnel erecting barricades in each lane and being instructed to maintain security and peace.

Agreeing to hear the matter on the issue of rehabilitation, a bench of Justice Sanjiv Khanna and Justice M M Sundresh issued notices to the Centre, Archaeological Survey of India (ASI), and the Delhi Development Authority on the plea filed by some residents who were affected due to the demolition drive.

Senior advocate Colin Gonsalves, appearing for the residents, first mentioned the matter before Chief Justice D Y Chandrachud, who allowed him to take it to Justice Khanna. Gonsalves submitted before the bench that areas around the Tuglakabad Fort were ordered to be cleared and the Delhi government had offered an alternative rehabilitation for the residents.

The plea was mentioned by Senior Advocate Colin Gonsalves first before a bench headed by CJI DY Chandrachud. Urging the bench to order for “status quo”, senior counsel had submitted before the bench that area around the fort were ordered to be cleared and the govt in an alternative had offered rehabilitation to the residents. “This is a human problem.

Please restore the status quo. 1,000 houses have already gone and 1000 houses will go now,” he said. Considering his submissions, CJI granted senior counsel the liberty to approach a bench headed by Justice Sanjiv Khanna. When the matter was mentioned before Justice Khanna’s bench, the judge said, “Come tomorrow. We will take it up as the first item. Let them say if they have land. If you are ready to go to Narela side, we can tell them. Let notices be served to centre, ASI, DDA. We are not staying.”

PETITIONERS HAD PRAYED FOR STATUS QUO

The plea was mentioned by Senior Advocate Colin Gonsalves first before a bench headed by CJI DY Chandrachud. Urging the bench to order for “status quo”, counsel submitted before the bench that those area around the fort were ordered to be cleared.

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