The Delhi High Court on Tuesday told the MCD not to undertake demolition action till March 11 against two houses belonging to individuals allegedly involved in the Uttam Nagar Holi clash case in which a 26-year-old man was killed.
“Tell them, between now 4 o’clock and 10:30 am tomorrow when this matter is taken up, nothing should happen. List tomorrow,” said Justice Amit Bansal while dealing with petitions by Jarina, the mother of accused Imran, and Shahnaz, whose children were interrogated by the police.
The petitioners sought directions to protect their residential premises in JJ Colony, Uttam Nagar from “arbitrary and illegal” demolition.
The counsel appearing for the authorities requested the court to take up the matter on Wednesday.
The petitioners’ lawyer said that interim protection should be given to them in the meantime.
Jarina, in her petition, said the demolition of accused Umardeep’s house by the Municipal Corporation of Delhi (MCD) has created an atmosphere of terror and insecurity in the locality, resulting in a genuine apprehension that her house might also be demolished without following due process of law.
The petition said demolition, which cannot be used as a punitive measure in criminal cases, requires issuance of a show-cause notice and providing an opportunity of hearing to the affected persons.
Both the petitioners said in their pleas 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.
On March 8, the MCD razed a part of the house belonging to the family of the Uttam Nagar killing accused, saying it was built on a drain.
As per MCD officials, the corporation was not obligated to give prior notice in an anti-encroachment drive.
Several people, including a minor, have been apprehended in connection with the death of a 26-year-old man in a clash between two neighbouring families with long-standing disputes during Holi celebrations in southwest Delhi’s Uttam Nagar.
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