The Supreme Court on Wednesday ordered the BJP-run North Delhi Municipal Corporation (NDMC) to halt the demolition of houses and shops in the communal clash-hit Jahangirpuri area, not once but twice as the civic authorities had pressed ahead with the bulldozer drive based on a technicality.

The court also had to take the unusual step of uploading the order within minutes of a second appeal from the petitioners after the demolition drive against “encroachers” continued on the ground that the court’s written directive had not reached the civic authorities. The court uploaded the order on its website at 3pm. Orders on pre-hearing mentioning matters are usually not uploaded, and if they are, it is done not before late evening.

The bench of Chief Justice N.V. Ramana and Justices Krishna Murari and Hima Kohli had at 10.30am during the morning mentioning time ordered “status quo”, or a stay on the demolition until further orders. Senior advocate Dushyant Dave, appearing for the Jamiat Ulama-i-Hind, had sought an urgent stay.

“This is a matter which is very serious and requires immediate attention of your Lordships. It is a completely illegal and unconstitutional demolition which has been ordered in Jahangirpuri area where riots had taken place last week,” Dave said, referring to the communal flare-up during a Hanuman Jayanti event on Saturday.

He said that initially the demolitions were to take place on Wednesday at 2pm and that no notice had been served on the occupants. But the drive was advanced to 9am after NDMC officials came to know that the matter was being mentioned before the top court, Dave said.

CJI Ramana immediately ordered “status quo”.

Residents speak to the media. PTI

Kapil Sibal, also appearing for the Jamiat, told the court that the issue had all-India ramifications as the demolitions were not confined to Delhi and that similar action had been taken in Uttar Pradesh and Madhya Pradesh.

Justice Ramana assured that the matter would be taken up for further hearing on Thursday.

However, when the drive did not stop and mayor Raja Iqbal Singh told reporters that the court’s written order had not reached the civic authorities, Dave rushed back to the CJI’s court around noon. The advocate urged the court to ask its secretary-general to communicate the order to the NDMC, its mayor and the commissioner of police.

When Justice Ramana asked whether the trio were parties to the proceedings, Dave said the media had already widely reported the court’s order for status quo and it was not appropriate for the NDMC to continue. “We are a democratic society. They have not stopped,” Dave said.

“I am feeling sad that despite the world knowing your Lordships have passed the order they are not stopping. This sends a wrong message,” Dave lamented.

CJI Ramana asked the registry to immediately communicate the stay order to the NDMC, its mayor and the police commissioner. Within a few minutes, the court uploaded a brief written order.

“Upon being mentioned by Mr. Dushyant Dave, learned Senior counsel appearing for the petitioner, we direct the Registry to list the matter tomorrow i.e. on 21.04.2022… before an appropriate Bench. Status quo, as exists today, shall be maintained, until further orders,” the order said.