‘Will clear all illegal encroachments, won’t be selective’: MCD to Delhi HC on plea against partial razing of Uttam Nagar murder case accused’s house
"The demolition which took place was not (that of an) unauthorised construction...8 houses (in the lane) have encroached upon a public street and this is not an isolated case...This was a routine exercise carried out by MCD," Poddar submitted.
While the court did not issue any formal directive staying the demolitions, the HC, however, orally requested the civic body not to take any coercive action in this regard.
A day after two petitions were moved before the Delhi High Court, including one by the mother of a co-accused in the Uttam Nagar murder case, expressing apprehension over the Municipal Corporation of Delhi (MCD) demolishing parts of their residences, the civic body on Wednesday told the HC that it would be clearing “all” such illegal encroachments in the area, adding that it “won’t be selective” in its actions.
Senior advocate Sanjay Poddar, appearing for the MCD, opposed the two petitions, describing them as “mischievous”, and told Justice Amit Bansal that the demolition of part of the residence of the main accused in the case — Umardeen (49) and his son Muzaffar (25) — was not a case of “unauthorised construction” but rather one of “encroachment”.
“The demolition which took place was not (that of an) unauthorised construction…8 houses (in the lane) have encroached upon a public street and this is not an isolated case…This was a routine exercise carried out by MCD,” Poddar submitted.
With the court observing orally that the petitions had made “vague” averments seeking protection from demolition as well as police protection, the petitioners withdrew their petitions. The court, however, granted them relief to file an appropriate petition within a period of one week.
The MCD had not issued any notice or sought any explanation from the alleged encroachers prior to the demolition on March 8. It had reasoned that demolitions without notice are permissible as per a Supreme Court judgment of November 2024 when there is an unauthorised structure over a public place such as a road, street, footpath, water body, and so on.
Poddar submitted, “The law says notice is not required…We have cleared the entire road (of such encroachments) of one lane…we had complaints that because of covering of/encroaching of drain, it is choked..in February, complaints were received… In one lane, 8 houses were there, where encroached portions had been removed..All will be cleared, we won’t be selective.”
While the court did not issue any formal directive staying the demolitions, the HC, however, orally requested the civic body not to take any coercive action in this regard.
Story continues below this ad
Four days after 26-year-old Tarun Kumar was beaten to death on the day of Holi in Uttam Nagar, the MCD demolished parts of a house belonging to Umardeen and Muzaffar. A total of 16 persons have been apprehended in the case, including two minors.
The petitions were filed by two residents of A block, JJ Colony, Uttam Nagar: one by Jarina, the mother of a co-accused in the case, who alleged that her house — where her family has been residing for over 40 years — was broken into, and another by Shahnaz, whose residence is situated in the “immediate vicinity of the demolished house”.
Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court
Professional Profile
Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express.
Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare).
Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others.
She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020.
With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram
Recent Notable Articles (Late 2025)
Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles:
High-Profile Case Coverage
She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots.
She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy.
Signature Style
Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system.
X (Twitter): @thanda_ghosh ... Read More
