Uttam Nagar murder: Halt demolition of houses for a week, Delhi high court tells civic body

NEW DELHI: Delhi High Court on Wednesday asked Municipal Corporation of Delhi not to carry out any demolition for a week against the houses belonging to certain people allegedly involved in the lynching of a 26-year-old man in Uttam Nagar on Holi.Justice Amit Bansal allowed Jarina, the mother of accused Imran, and Shahnaz, whose minor children were questioned by police as part of the probe, to file a fresh petition during this period, limiting their prayer to only protection against the proposed demolition of their residential premises. Observing that the prayers in the petition related to two different causes of action, the court said the petitioners were free to file separate petitions for police protection and protection from demolition. "Till the time you file a petition, they will not do anything," the court orally said.During the hearing, Municipal Corporation of Delhi maintained that its demolition drive was against encroachment by eight houses and was not selective. It also said the petitioners should be asked to state on oath that they did not encroach on public land. MCD said it wanted to act against these premises as they encroached on a public street, blocking a drain.The petitioners sought directions to protect their residential premises in JJ Colony, Uttam Nagar, from "arbitrary and illegal" demolition by MCD. They also sought police protection for themselves and their family members.MCD's counsel assured the court that demolition would not be carried out on the petitioners' premises for now. The petitioners' counsel withdrew the petitions to file them again with better particulars within a week.Appearing for Delhi Police, additional solicitor general Chetan Sharma said that allowing the petitioners' prayer for police protection would hamper the investigation in the case and the issue should not be combined with the demolition matter.Jarina, in her petition, said the demolition of the house of an accused, Umardeep, by MCD created an atmosphere of terror and insecurity in the locality, resulting in a genuine apprehension that her house might also be demolished without following the due process of law.The petition said demolition, which could not be used as a punitive measure in criminal cases, required the issuance of a show-cause notice and providing a hearing to the affected persons.Both the petitioners claimed in their pleas that a "purely personal" dispute was maliciously given a communal colour and certain religious groups and anti-social elements also extended threats to them.