The North Delhi Municipal Corporation (NDMC) informed the Supreme Court on Monday that the petitioners in the Jahangirpuri demolition drive case have sensationalised a routine administrative exercise by giving it an unwarranted communal colour. In an affidavit filed in response to a plea filed by Jamiat Ulama-i-Hind and others against the Jahangirpuri demolition, the NDMC said the petitions are liable to be dismissed as they have resorted to falsehood.
The petition deserves to be dismissed only on the ground that the petitioner has resorted to falsehood and has unfortunately attempted to sensationalise a routine administrative exercise by giving it an unwarranted communal colour, NDMC said. The civic body said that it had only removed unauthorised projections on the public land and temporary structures well beyond the boundary of houses for which no notice is required to be given.
Referring to Delhi Municipal corporation act, the NDMC said that it is not necessary to give any notice for the removal of the abovementioned structures/projections. The civic body said that after the status quo order, those who were removed from the public road have come back and have occupied the footpath/public road again.
This is usually the result when a party having no stake files PIL and prays for an order. If the affected parties would have approached this court, they would have truthfully required to point out that what was being undertaken was the removal of unauthorised projection on the footpath or public road and such private parties also would have been bound by the order of the status quo, the NDMC said. The corporation said when a road or footpath is cleared, the process goes on from one end to another without any distinction of the religion or owner/ occupier who has unauthorizedly occupied footpath or public road," Concerning the use of bulldozers, the NDMC submitted that some temporary projections on public road/footpaths are of such nature, for which, the machine is required to be used.
The corporation alleged that the petitioner has deliberately and willfully sensationalised the matter and denied the allegations that a particular religion or community is being targeted. The apex court had earlier extended its order directing maintenance of the status quo on the razing of buildings in the violence-hit Jahangirpuri area of the national capital and said it would take a "serious view" of the demolition that was carried out even after its order was communicated to the North Delhi Municipal Corporation (NDMC) mayor.
CPI(M) leader Brinda Karat had also moved to the top court complaining that the demolition drive was not stopped despite an order to maintain the status quo and she had to physically stand to stop the process yesterday, otherwise they would have completed the demolition of the entire Block C in Jahangirpuri.
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