Recently, the Supreme Court issued a show-cause notice to the Municipal Corporation of Delhi (MCD) and the owner of a Karol Bagh building housing the Delhi Public Library regarding its controversial demolition in 2018. The bench, comprising Justice Surya Kant and Justice Ujjal Bhuyan, raised concerns over the timing and manner of the demolition, which occurred shortly after the Delhi High Court dismissed a public interest litigation (PIL) challenging the demolition, leaving no opportunity for affected parties to seek legal recourse.
The Case revolves around the demolition of the Delhi Public Library building on September 18, 2018, just hours before the Supreme Court passed an interim order to maintain the status quo. The High Court, on September 10, 2018, dismissed a PIL opposing the demolition. The petitioners, identifying as journalists with public interest concerns, had sought to quash MCD notices demanding the library’s eviction and demolition, citing disputes over ownership and the building’s condition. The High Court observed that the books had been relocated and directed the property owner to re-establish the library at another site within six months. On the day of the Supreme Court’s interim order, a substantial portion of the building was allegedly demolished. The MCD denied involvement, while the property owner accused the MCD’s Executive Engineer of carrying out the act, presenting photographic evidence to support the claim.
The Apex Court expressed serious concerns regarding the sequence of events leading to the demolition of the Delhi Public Library building. Highlighting the urgency with which the demolition was executed, the Court remarked, “Strange are the facts of this case.” It emphasized that the demolition occurred shortly after the Delhi High Court dismissed the public interest litigation on September 10, 2018, leaving no time for the affected parties to seek legal recourse. The Court further noted that on September 18, 2018, while an interim order to maintain the status quo was being passed, a substantial portion of the property had already been demolished. It observed that such actions undermine the principles of justice by denying tenants and other affected individuals their right to challenge the High Court’s decision promptly.
In light of conflicting claims, the Supreme Court deemed it necessary to investigate the matter thoroughly. The MCD denied its involvement in the demolition, while the property owner alleged that the act was carried out by MCD officials, supported by photographic evidence. The Court emphasised that determining the truth was crucial to ensuring accountability and protecting judicial integrity. The Court also expressed its disapproval of the apparent lack of procedural fairness in the matter. To address these issues, it directed the MCD and the property owner to provide detailed affidavits clarifying their respective roles in the demolition. It underscored the importance of maintaining due process and safeguarding the rights of all parties involved.
Case Title: Delhi Library Board v. North Delhi Municipal Corporation & Ors.
Citation: Special Leave to Appeal (C) No. 25698/2018
Order Date: 12.08.2024
Coram: Justice Surya Kant, Justice Ujjal Bhuyan
Advocate for Appellant: Adv. Yashpal Singh, Hitendra Nath Rath (AOR), M. Kumar, Laxmi
Advocate for Respondent: Adv. Ajay Bansal, Praveen Swarup, Gaurava Yadava, Payal Swarup, Devesh Maurya, K.p. Singh, Ankit Ambasta, Praveen Swarup, Roopansh Purohit, Geeta Mohanty, M/S. Gaur & Nehra Law Firm (AOR), Shreekant Neelappa Terdal (AOR), Mukesh Kumar Maroria, Praneet Pranav, Aadya Jha, Navanjay Mahapatra
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