CPI(M) Delhi unit, hawkers union move SC against anti-encroachment drive in south Delhi

New Delhi The CPI(M)'s Delhi unit and Hawkers Union have moved the Supreme Court against the south D

New Delhi The CPI(M)'s Delhi unit and Hawkers Union have moved the Supreme Court against the south Delhi civic body demolishing buildings, terming it a "violation of principles of natural justice, statutes and the Constitution" under the guise of an anti-encroachment drive.

They pleaded that they were not unauthorised occupants or encroachers as alleged by the respondents – the South Delhi Municipal Corporation and others.

"It has come to the notice of the petitioner that the office of the assistant commissioner of respondent number one (SDMC) has issued letter... for providing necessary police force, including lady police, to the MCD staff to maintain law and order during the encroachment removal action," the plea stated.

It claimed that without giving proper show-cause notice and giving breathing time to the people residing and working in different areas of south Delhi the respondents proposed to start demolition, denying their precious constitutional rights and right to life.

"The authorities have not issued statutory notice to owners/occupants of the buildings to show cause why the buildings should not be demolished. No notice is issued to them as to how encroachment is made by the occupants/owners of the buildings," it said.

The party said the entire action is "absolutely and manifestly arbitrary" and in violation of Articles 14, 19 and 21 while asserting that if this is permitted, their only shelter and buildings for their livelihood will be demolished in "utter disregard" to statutes and the Constitution.

"People residing and working in the notified area are generally very poor and marginalized who are incapable of resisting the illegal inhumane action of the respondents," the plea drawn up by advocate Subhash Chandran KR and settled by senior advocate P.V. Surendranath said.