A bench of the Supreme Court of India, headed by Chief Justice of India Dr. DY Chandrachud and Mr. Justice JB Pardiwala, allowed urgent listing of a petition filed against illegal demolition drive being conducted by Greater Mohali Area Development Authority (GMADA) against properties situated in village Karoran, Punjab. Finding prima facie, the extremely urgent and serious nature of the case, the Hon’ble Dr. Justice DY Chandrachud has posted the afore-captioned SLP for urgent lisitng on 14th April 2023 (Friday). The demolition drive is likely to adversely affect the lives of 2 lakh individuals living in 75 thousand houses in the area. The Hon’ble Chief Justice of India also orally observed that ‘‘the Petitioners should intimate the Respondents about this order in case any demolition drive is being conducted before the listing date”
The petition was argued by Senior Advocate Arijit Prasad and was drafted by Aditya Bharat Manubarwala, and Vijay Kumar Arora, Advocates, filed by Bharat T Manubarwala, Advocate on Record and was settled by Rajinder Singh Dogra, Former Senior Additional Advocate General of Himachal Pradesh, they were assisted by Romit Nandan Sahai, Shaila Ajay Arora and Akriti A Manubarwala.
Background to the present controversy
The Punjab and Haryana High Court in 2017 vide order dated 02/05/2017 in CWP 3241 of 2017 had ordered inclusion of the left out areas of village Karoran in Punjab within the jurisdiction of the Notified Area Committee Naya Gaon and had effectively taken away the jurisdiction of GMADA from the development and planning activities of village Karoran. The Supreme Court of India had in 2018 stayed this order of the High Court. That case is since pending before the Supreme Court.
Despite the above issued being sub-judice and pending before the Hon’ble Supreme Court of India, the GMADA issued Public Notices ordering for demolition of unspecified properties in village Karoran.
The current petition which has been granted urgent listing by the Supreme Court seeks stay on the demolition drive being conducted by GMADA and also seeks that it be heard along with the pending Supreme Court matter on this issue
The State of Punjab has been served the petition copy through its Standing Counsel at Supreme Court Ms. Nupur Kumar. It has been a publicly stated policy of the present political dispensation headed by Chief Minister Bhagwant Man to regularise these constructions. It remains to be seen what stand the Punjab Government takes on 14th April at Supreme Court.
