The Delhi Excessive Court docket on Tuesday (March 10) orally advised the MCD to not take any motion till tomorrow in opposition to the properties of two individuals who’re booked in an FIR over the demise of a person at Uttam Nagar throughout Holi celebrations final week.
Throughout the listening to, Justice Amit Bansal orally advised the respondent authorities together with the MCD to not take any motion in opposition to the properties of the petitioners and listed the matter for listening to tomorrow.
One of many petition states that the petitioner is the lawful proprietor of the home located at JJ Colony in Uttam Nagar, New Delhi and has been residing for the final 4 a long time. It was submitted that the Petitioner and her husband have been recurrently paying electrical energy payments and different municipal expenses in respect of the mentioned residential property
The plea states that on March 5 an FIR was registered beneath Part 110(Try to commit culpable murder), 3(5) (widespread intention) BNS in relation to a neighborhood altercation between neighbours.
The petitioner claims that the incident allegedly arose from a trivial dispute involving kids taking part in with balloons, which resulted in a verbal altercation and minor scuffle between two neighbouring households. Nevertheless, the petitioners declare that even though the dispute was purely private, sure parts tried to maliciously give a communal color to the incident.
The plea alleges that on March 7 a mob unlawfully gathered within the locality and allegedly unfold misinformation portraying the incident as a communal assault and sure members of varied organizations allegedly entered the home of the accused individuals by breaking open the locks and doorways and vandalized the premises, setting it on fireplace.
The petitioners allege that on March 8 the MCD demolished the whole residential construction of an accused particular person utilizing bulldozers, with out issuing any prior discover, present trigger discover, or giving a possibility of listening to to the affected individuals.
The plea claims that the demolition was carried out arbitrarily, instantly after the registration of the FIR, which creates a robust apprehension that the demolition was undertaken as a punitive measure merely as a result of the occupants had been implicated within the legal case.
The plea submits that the doorways and locks of the petitioner’s home, who’s the mom of one other accused particular person, had been damaged open by the general public and she or he apprehends that her home is perhaps demolished.
The petition thus seeks a route to guard the home of the petitioner from arbitrary and unlawful demolition by the MCD with out following due means of regulation and in opposition to the rules laid down by the Supreme Court docket in Re: Instructions within the matter of Demolition of Buildings (2024).
The petitioners are represented by advocates Divyesh Pratap Singh, Amit Sangwan, Bharat Mishra.
The matter is listed on Wednesday.
Case title: Jarina v/s State (NCT of Delhi ) & Anr. and Shahnaz v/s State (NCT of Delhi) & Anr.
WP 3020 of 2026, WP 3021 of 2026
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