Illegal Construction: Illegal construction means any construction of a structure, or addition to an existing structure on immovable property without a valid construction permit. Besides the potential technical hazards on uncontrolled construction sites and in finished buildings, illegal building activity can be a major environmental violation when the works encroach upon preserve areas like nature reserves.
Mentioning Hour: The word “mentioning” in a court’s procedure, entails demonstrating to the court why a freshly filed matter may demand urgent attention, and consequently, prompt redress. it is when cases that require urgent attention are brought to the notice of the Chief Justice of India.
Rule of Law: The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws.
Due Process of Law: Due process is a principle/legal requirement that the government/state must respect all the legal rights that are owed to a person. Due process holds the government subservient to the law of the land, protecting individual persons from the state. It balances the power of law of the land and protects the individual person from it.
WHAT’S IN NEWS:
The supreme court intervened twice on Wednesday to pause the advancement of bulldozers in Delhi’s Jahangirpuri for an anti-encroachment drive following the breakout of communal riots during Hanuman Jayanti celebration on April 16, 2022.
TIMELINE OF EVENTS:
- Shobha Yatra was taken out by devotees in Jahangirpuri area of Delhi on the occasion of Hanuman Jayanti.
- During the procession a clash broke out near a mosque between Hindus and Muslims due to alleged sloganeering.
- The arguments turned violent and stones were pelted from both the sides.
- Police deployed for the procession brought the situation under control, but not before 5-6 police personnel and a couple of civilians were injured and taken to the hospital.
- On April 19, 2022 Delhi BJP Chief wrote to North MCD(Municipal Corporation of Delhi) Commissioner and Mayor, urging them to demolish illegal encroachments of those accused of violence.
- On April 20, 2022 the drive began in heavy police presence.. The Supreme Court halts drive; Authorities told to maintain the Status quo.
- Drive continued with MCD officials saying that they did not receive the Supreme Court orders.
- Drive finally halted after the Supreme Court’s second intervention. 50 structures demolished.
WHY CIVIC BODY ACTION RAISES QUESTIONS MARKS:
- The Delhi Municipal Corporation Act 1957 states that the Civic body needs to give at least 5 to 15 days notice to the person who has carried out alleged illegal construction.
- During this time the person can be asked to make alterations to the construction, failing which the corporation has the power to demolish or sieze the unauthorized structure.
- In response the person has a Right to Appeal against any such drive if the legal process is not followed.
- But in this case the occupants were not given prior notice and the demolition drive was started all of a sudden.
- This action by the Civic body was in grave violation of the ‘DUE PROCESS OF LAW’ which was established by the Supreme Court in A.K. Gopalan vs State of Madras Case 1950, and forms a major part of Article 21 (Right to Life and Personal Liberty) of the Constitution of India.
- If these structures are illegal then why are they issued electricity meter connections, water pipeline connections and MCD vendor certificates by the civic body in the first place.
- In 1987 ruling of Supreme Court in ‘Vinod Kumar Singh vs Banaras Hindu University and others’ case it was held that when a judgement is pronounced in the open court, the parties act upon it and conduct their affairs on the basis that it is in judgement of the court and the signing of the judgement is a formality to follow.
- But in this case the civic body officials ignored the supreme court order stating that they did not receive the formal signed copy of the order and accepted the order when the matter was taken up by the Chief Justice of India in Mentioning Hour.
CONCLUSION:
For now, the Bulldozers have been halted by the supreme court intervention but broadly speaking what’s worrying is the trend of local administrative machinery being used for what looks like collective punishment. Snap demolition also impacts the lives of women, children and other unlikely participants in the brick-bat exchange. The right step would have been to try those accused of crimes in courts of law but targeting the properties of suspects is against both the zoning rules and the Rule of law.
