Jahangirpuri Demolition Drive: After the Supreme Court order, residents pick up the pieces and look for peace

Rihana Bibi, 44, is worried for her family’s livelihood. As the only earning member, she had started a food stall near her settlement in Delhi’s Jahangirpuri. However, as part of the demolition drive conducted by the North Delhi Municipal Corporation (NDMC), Bibi's shop and several others in the area were razed to the ground..Just before the Supreme Court stepped in and halted the drive..A day after the demolition drive, the area that witnessed communal riots is packed with security personnel, some of whom could be spotted stationed on rooftops of houses while drones surveyed the area..The area had been cordoned-off right at the beginning of the road where Wednesday’s drive took place. Similar barricades were in place at the end of the stretch and at entry points from the main road, stopping vehicles from entering the inner lanes..Dilip Saxena, a businessman who runs a juice shop in the area, showed his documents to the media persons and said that despite having all permissions, an extension of his shop was declared illegal and demolished. "I appeal to Modi ji and Amit Shah ji to examine what is authorised and what is unauthorised. Authorised structures should not be razed," he said..Among the houses inside a narrow lane behind the portion that saw the JCB bulldozers razing the alleged illegal structures, is small settlement of bare bricks, where Bibi and her family of five reside.The day after the demolition drive, Bibi stood outside her home, next to the locked gate of the colony, staring at her broken food stall. She spoke about the days when business went on as usual. She said her poori-sabzi (deep-fried wheat bread and vegetable curry) was famous even among the people of the nearby Adarsh Nagar and Mukundpur areas.“Some days, the earning was ₹350, sometimes ₹400, sometimes ₹500. All kinds of people came to eat. Even policemen came to eat at my stall,” said Bibi, pointing at her “vending certificate” and other papers. She plans to sell the remains of her stall to buy a new one to sustain a living. Provided, of course, she is allowed to vend again..In the slum clusters of Jahangirpuri’s C block, where Bibi lives, shops and households are crammed together in a haphazard manner. According to locals, the primary occupation and means of living comes from selling scraps, besides income from small businesses.A few meters away lives a resident whose dhaba (small restaurant) was demolished during the drive.“We had been running the place for the last 25 years without any premonition of something like this. We have been living here in harmony with everyone till now. I suffered a loss of ₹40,000 to ₹45,000 because of the demolition,” said the 38-year-old resident on the condition of anonymity.Like Bibi, he is doubtful of the days that lay ahead..Noor Mohammed, another person who lives in a parallel lane in the same block, calls for peace during uneasy times.“I have a friend who is Hindu. We eat together and people have lived here in harmony for years. We just want peace. We have celebrated Diwali, Holi and Eid together,” he says.Clearly, he is not the only on who harbours this sentiment. A crowd gathers around Mohammed and demands peace in unison..In its order passed on Thursday, the Supreme Court directed the petitioners to disclose on affidavit whether they were served notices before the demolition drive took place. According to several residents, there was no prior notice or intimation of the demolition drive given by the civic authorities.Enamul Haque, the Secretary of the Jama Masjid mosque, parts of which were destroyed on Wednesday, recounted how he felt when he first heard about the demolition on Tuesday.“At midnight, someone received a message on their phone about a demolition slated to happen the next day. I saw the notice about the police bandobast and the drive. We had many feelings but we all remained calm,” he said..In a press release post Wednesday’s demolition drive, the NDMC said it was done to “clear pedestrian walkways and roads from encroachments to ease the traffic and pedestrian movement”.The municipal corporation argued that such encroachment removal drives on public roads were regularly carried out in all wards or zones with or without notice under Sections 321, 322, 323, 325 of the Delhi Municipal Corporation Act, 1957 with prior intimation to local police.Section 322 of the Act states,“The Commissioner may, without notice, cause to be removed— (a) any stall, chair, bench, box, ladder, bale or other thing whatsoever, placed, deposited, projected, attached or suspended in, upon from or to any place in contravention of this Act.”.However, during the hearing before the Supreme Court, Senior Advocate Dushyant Dave had questioned the need of the demolition drive and argued that under the Act, no demolition can take place until the person has been given a reasonable opportunity to be heard.One of the petitioners, Brinda Karat, argued in her plea,"Without giving a proper show cause notice and giving breathing time to people residing/working in Jahangir Puri area of North Delhi the respondents started demolition of their houses, shops and other buildings denying their precious constitutional rights and right to life. The entire action is absolutely and manifestly arbitrary and in violation of Article 14, 19 and 21." The plea relied on Sections 317 and 343 of the 1957 Act to contend that the law specifically mandated due notice and time for showing cause before removal of encroachment or demolition. Section 317 states,"The Commissioner may by notice require the owner or occupier of any premises to remove, or to take such other action as he may direct in relation to, any structure or fixture which has been erected, set up, added to, or placed against, or in front of, the said premises in contravention of this section."Similarly, Section 343 deals with orders of demolition and stoppage of buildings and works in certain cases and the appeal process. It states,"No order of demolition shall be made unless the person has been given by means of a notice served in such manner as the Commissioner may think fit, a reasonable opportunity of showing cause why such order shall not be made.".In the aftermath of the communal violence that preceded the demolition drive, Haque showed Bar & Bench a letter he received from the community’s Aman Committee. The content of the letter was announced three to four times, following the recent violence in the area. The letter urged the residents not to believe in rumour-mongering and to inform the authorities when someone indulges in the same.The letter, which is in Hindi, also appeals to everyone to cooperate with the police and maintain peace in the locality..“We have been living here for over 40 years. If we were Rohingyas, wouldn’t the government have acted earlier?” asked Haque..As the dust settles in the area, and as the ones who lost their homes and sources of livelihood pick up the pieces, the residents of Jahangirpuri look to the highest court in the country to bring closure to the controversy..[Jahangirpuri Demolition Drive] Will take serious view of demolition carried out after status quo order: Supreme Court