New Delhi: The Delhi High Court, on Tuesday, March 10, has directed the Municipal Corporation of Delhi (MCD) not to carry out further demolitions until Wednesday, March 11, against the houses of two individuals allegedly accused in the Uttam Nagar Holi clash that resulted in the death of 26-year-old Tarun.
The petitions were filed by Jarina, the mother of the accused, Imran, and Shahnaz, whose children the police questioned during the investigation of the case.
Justice Amit Bansal directed the authorities to maintain status quo until the next hearing, Live Law reported.
One of the petitioners said that the house in JJ Colony in Uttam Nagar lawfully belongs to them, as they have been residing there for the past four decades. The petition stated that the petitioner and her husband were regularly paying bills and other municipal charges.
A first information report was registered on March 5 under Sections 110 (attempt to commit culpable homicide) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita (BNS) regarding the altercation between the two families, according to the plea.
However, the petitioner said the incident originated from a petty dispute between children playing with balloons that escalated into a verbal spat and a scuffle between the neighbouring families. The petitioners claimed that the dispute was personal, and certain elements are being used to give it a communal angle.
According to the plea, a mob gathered in the area on March 7 and allegedly spread rumours, misinformation categorising the incident as a communal attack. It added that individuals from certain organisations broke the locks and doors of the accused’s house, vandalised the property, and set it on fire.
Following the dispute, on March 8, the MCD demolished the entire residential building of one of the accused using bulldozers without prior notice, a show-cause notice, or an opportunity to hear the affected persons.
The plea alleged that the demolitions were carried out immediately after the FIR was registered, raising questions that the drive was undertaken as a disciplinary measure, as the occupants were implicated in the case.
It also mentioned that the doors and locks of the petitioner’s house were broken open by the public, and that she feared her house might be demolished.
The petitioner sought a court order to restrain the MCD from carrying out an arbitrary and illegal demolition of her house, citing violations of Supreme Court guidelines against punitive actions.
“Tell them, between now and 4 pm and 10:30 am tomorrow, when this matter is taken up, nothing should happen,” the judge said.
Advocate Divyesh Pratap Singh, through whom the petitions were filed, said that tearing down parts of the accused’s house created “an atmosphere of terror and insecurity” in the area. It raised concerns that other petitioners’ homes could be demolished as well, leaving them homeless.
The Municipal Corporation of Delhi carried out a demolition drive and razed “only the illegally constructed parts” of the accused’s house on Sunday, March 8.
On March 4, Tarun (26) was killed in a clash that broke out between his family and their neighbours in the JJ Colony area. The violence broke out after water from a balloon thrown by a girl from Tarun’s family splashed on a woman from his neighbour’s family.
Police maintained that there was no communal angle and that the dispute arose from past disagreements. The two families had known each other for the past five decades and got into rows over parking and garbage disposal, among other things, the police said.
The incident had triggered massive protests from right-wing groups, with vandalism and looting reported following the alleged murder. While JJ Colony remained in heightened tension, the MCD carried out the demolition drive, saying it was taken as part of “removing encroachment” built upon the drains.
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