Bulldozer Justice vs Due Process: Delhi HC restrains MCD from demolition in Uttam Nagar Holi clash case

The Delhi High Court restrained the Municipal Corporation of Delhi (MCD) from carrying out demolition action against certain houses allegedly linked to the accused in the Uttam Nagar Holi clash case, in which a 26-year-old man was killed.

Justice Amit Bansal granted interim relief for one week, allowing the petitioners to file a fresh plea challenging the proposed demolition of their residential premises. The court directed that no demolition action should be taken by the MCD during this period.

Petition filed by families of accused

The petitions were filed by Jarina, the mother of accused Imran, and Shahnaz, whose children were questioned by the police as part of the investigation into the clash.

They approached the court after reports that civic authorities were planning to demolish houses linked to individuals suspected to be involved in the violence.

Taking note of their submissions, the court allowed them time to file a fresh petition while granting temporary protection from any demolition action.

MCD defends demolition drive

During the hearing, the Municipal Corporation of Delhi argued that the proposed demolition drive was not targeted at the accused persons or their families.

The civic body maintained that the action was being carried out against encroachments on public land by eight houses in the area. It further told the court that the petitioners should state on oath that they have not encroached upon public land.

Background of the case

The matter arises from a violent clash in Uttam Nagar during Holi celebrations, which resulted in the death of a 26-year-old man. Police investigations are ongoing, and several individuals have been questioned in connection with the incident.

The demolition move triggered concerns from the affected families, who approached the Delhi High Court seeking protection from what they alleged could be punitive or selective demolition.

What happens next

With the one-week protection granted by the court, the petitioners are expected to file a fresh legal challenge against the proposed demolition.

The court is likely to examine whether the civic body's action is legally justified and in accordance with due process, particularly in cases where demolition action follows criminal allegations.

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