No help from police to raze structure,says civic agency

On July 30,the court ordered that the structure in the park be demolished within 15 days.

Written by Jayant Sriram | New Delhi | Published: October 12, 2012 1:09 am

The North Municipal Corporation on Thursday told the Delhi High Court that “non-co-operation” by police was preventing it from demolishing the structure constructed illegally on a site in Subhash Park where the Mughal-era Akbarabadi mosque is said to have once stood.

On July 30,the court ordered that the structure in the park be demolished within 15 days.

“The corporation has tried its best to seek police assistance for action with an intent to strictly comply with the July 30 order. But assistance has not been provided because of non-cooperation of the police authorities,” the civic agency told the High Court.

Filing an application before a special bench,led by Justice Sanjay Kishan Kaul,the corporation sought a direction to the Centre to provide paramilitary forces in case the Delhi Police failed to assist during the demolition drive.

The Archeological Survey of India (ASI),which has been asked to verify if the material found during excavation of the site belonged to the lost mosque,said it needed more time to submit the status report because the illegal structure has to be removed for physical and technical examination of area that has been dug.

The ASI counsel said IIT-Kanpur has fixed October 20 to conduct a “ground-penetrating radar survey” to detect the structure below the surface. The finding will form part of the report.

In August,police said they feared that the demolition could lead to “breach of peace” in the area and there were not enough personnel to spare because of Independence Day duty and Baba Ramdev’s rally in Ramlila Maidan.

On Thursday,the North corporation’s counsel contended that the two events cited by police were over and,hence,personnel could be deployed for the demolition drive.

To this,standing counsel (criminal) Pawan Sharma,appearing for police,said the court should keep its July 30 order in abeyance until the ASI files its final report.

Matia Mahal MLA Shoaib Iqbal,whose supporters allegedly built the structure,requested the court not to pass any order until the ASI report is tabled. After hearing the arguments,the court reserved it’s order.

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