Recently, the Supreme Court issued a show-cause notice to the Municipal Corporation of Delhi (MCD) and the owner of the building that previously housed the Delhi Public Library in Karol Bagh, New Delhi, concerning the demolition of the building in 2018.

A bench consisting of Justice Surya Kant and Justice Ujjal Bhuyan expressed concern over the circumstances surrounding the demolition, which took place shortly after the Delhi High Court dismissed a PIL challenging it without granting any time for the affected parties to respond.

The Court observed that a significant portion of the building was demolished on the same day the Supreme Court issued a status quo order.

“Strange are the facts of this case. The High Court dismissed the Writ Petition on 10.09.2018 and without giving even a breathing time to the tenant or other persons, who were likely to be affected upon demolition of the building, to approach this Court, it is claimed that the Municipal Corporation of Delhi (for short, `MCD') demolished substantial part of the building on 18.09.2018 before lunch.''

The MCD has denied involvement in the demolition, while the property owner has asserted that it was carried out by the MCD's Executive Engineer, providing photographic evidence to support this claim.

Given these conflicting assertions, the Supreme Court deemed it essential to conduct a further investigation into the matter. The Court directed:

The Court issued a show-cause notice to the MCD and the property owner, seeking an explanation as to why an independent inquiry should not be conducted to determine who was responsible for the demolition and the reasons behind denying affected parties their legal recourse.

The Commissioner of MCD was directed to file a detailed affidavit clarifying whether the MCD was involved in the demolition and to submit original records related to the incident.

The property owner, M/S Dimple Enterprise, was instructed to file an affidavit outlining the circumstances of the demolition and providing comprehensive details about the individuals involved in the incorporation of the entity.

The affidavits and records are to be submitted within two weeks, with the matter scheduled for hearing on December 16, 2024. In the interim, the Supreme Court's interim order dated September 18, 2018, which stayed further demolition, will remain in effect.

The public interest litigation before the High Court aimed to protect the Delhi Public Library located in Karol Bagh. The petitioners, identifying themselves as public-spirited journalists, sought the High Court's intervention to quash MCD notices dated September 15, 2016, and November 4, 2016, which mandated the vacating or demolition of the library premises. Additionally, they called for an inquiry into the actions of North MCD officials and members of the Delhi Library Board.

The High Court noted disputes over the building's condition and ownership but declined to adjudicate them, citing the limited scope of public interest litigation. Noting that the books had been relocated for safekeeping, the Court directed the property owner to re-establish the library at an alternative location within six months. The writ petition was disposed of on September 10, 2018.