The Delhi High Court on Tuesday directed the Municipal Corporation of Delhi (MCD) not to carry out any demolition action for a week against certain houses in Uttam Nagar whose occupants are allegedly linked to a Holi clash that left a 26-year-old man dead. The court granted the temporary relief to allow the affected residents time to file fresh petitions challenging the proposed demolition of their homes.
Justice Amit Bansal passed the order while hearing petitions filed by Jarina, the mother of accused Imran, and Shahnaz, whose children were questioned by the police during the investigation into the incident. The petitioners had approached the court seeking protection from what they described as “arbitrary and illegal” demolition of their houses in JJ Colony, Uttam Nagar.
During the hearing, the court noted that the petitions contained two separate requests—one seeking police protection and the other challenging the proposed demolition. Observing that both issues involved different causes of action, the court asked the petitioners to file separate pleas addressing each matter.
“Till the time you file a petition, they will not do anything,” the court orally remarked while granting the petitioners a week’s time to move fresh petitions.
The senior counsel appearing for the MCD assured the court that no demolition would be carried out on the petitioners’ premises in the meantime. Following this assurance, the petitioners withdrew their existing pleas with liberty to file fresh petitions containing more detailed particulars within a week.
The civic body defended its recent demolition drive, stating that it was aimed at removing encroachments by eight houses in the area and was not selective. According to the MCD, the action targeted portions of structures built over a public drain. The corporation’s senior counsel further argued that the law did not require prior notice before removing such encroachments and urged that the petitioners be asked to state on oath that they had not occupied public land.
Additional Solicitor General Chetan Sharma, appearing for the Delhi Police, opposed the plea seeking police protection for the petitioners and their families. He told the court that granting such protection could interfere with the ongoing investigation into the Uttam Nagar clash and that the issue should not be combined with the demolition dispute.
In her petition, Jarina alleged that the demolition of a portion of the house belonging to another accused, Umardeep, had created fear and insecurity in the neighbourhood. She claimed there was a genuine apprehension that her own house could be demolished without due process. The plea argued that demolition cannot be used as a punitive measure in criminal cases and requires the issuance of a show-cause notice and an opportunity to be heard.
Both petitioners also alleged that a “purely personal” dispute had been given a communal colour, claiming that certain religious groups and anti-social elements had been issuing threats against them.
On March 8, the MCD demolished part of a house belonging to the family of one of the accused in the Uttam Nagar killing case, stating that the structure had been built over a drain. Civic officials maintained that no prior notice was required for such anti-encroachment action.
The incident at the centre of the controversy occurred during Holi celebrations in southwest Delhi’s Uttam Nagar, where a clash between two neighbouring families with a long-standing dispute led to the death of a 26-year-old man. Several people, including a minor, have been apprehended in connection with the case.
