The
Supreme Court came down heavily on the Municipal Corporation of Delhi (MCD) on
Monday for demolishing a building that housed a public library, without giving
a chance to the affected party to seek relief, and said "there is no
divine power which can wake you up".
The
first Delhi Public Library (DPL) was started by then prime minister Jawaharlal
Nehru near the Old Delhi railway station in 1951.
Infuriated,
a bench of Justices Surya Kant and Ujjal Bhuyan questioned how could the civic
body demolish the building that housed the DPL since 1954, without waiting for
the parties to approach the apex court.
"For
years, people have tried to wake you up but to no avail. There is no divine
power which can wake you up. But in this case, within a week, you acted
lightning fast and demolished the building. We will not only order an
investigation but will also direct for restitution of the building, if any
wrongdoing is found," the bench warned the counsel appearing in the court
on behalf of the civic body.
The
bench noted that the Delhi High Court passed an order on September 10, 2018 in
the matter and without even giving a breathing time to the tenants and other
occupants of the building to approach the top court, the MCD demolished the
building at 8:30 am on September 18, 2018.
It said on September 18, 2018, the apex court
ordered that status quo be maintained regarding the building that housed the
library and faced the threat of demolition due to its dilapidated condition.
The
bench said strangely, during the hearing, the counsel for the MCD maintained
that the civic body had not caused the demolition.
It
said the building owner has brought to the court's notice a picture that shows
an executive engineer of the MCD arriving with heavy machinery to demolish the
structure.
"Let
show-cause notice be issued to the MCD and respondent number 2 (M/s Dimple
Enterprise) to explain on whose orders the demolition exercise was carried
out," the bench said.
It
said the court needs to know what were the hidden circumstances for which the
MCD denied the party the right to approach the apex court.
While
directing the civic body to file an affidavit, the bench asked Dimple
Enterprise, a private firm that is also associated with the dispute, to give
particulars of its founders and explain the circumstances that led to the
demolition of the building.
The
bench observed that prima facie, there appeared to be some connection with the
firm's promoters and the MCD's demolition action, and said it will get to the
truth of it.
The
bench said its interim order of September 18, 2018 will continue till further
orders. On September 18, 2018, the top court ordered that no portion of the
property at Karol Bagh here be demolished.
It
had issued a notice on a plea filed by the Delhi Library Board challenging the
high court's September 10, 2018 order by which six months were given to the DPL
to relocate its branch to another location accessible to the public.
In
its order, the high court had said since the plea before it primarily pertained
to preservation of books at the DPL's Karol Bagh branch, it would not interfere
in the dispute over the building where the library was housed since 1954.
The
high court's order had come on a petition against the North Delhi Municipal
Corporation's notices to the library to vacate the premises, which according to
the civic body was structurally unfit and dangerous.
Funded
by the Ministry of Culture, the DPL is an autonomous body with around 45
branches and mobile libraries across the national capital.
The
library was issued two notices by the corporation, asking it to vacate the
building so that it could be demolished.