Delhi HC Reserves Verdict on Challenge to DDA Action in Batla House Demolition Case
The plea before the High Court challenged the notices issued to the DDA, which had proposed demolition in the Batla House area;
The Delhi High Court has recently reserved its verdict in a plea filed by residents challenging the demolition notices issued by the Delhi Development Authority (DDA).
A bench presided over by Justice Tejasvi Karia heard submissions presented by the affected residents.
The petitioners before the high court alleged that the notices issued by the DDA were vague and did not clearly demarcate which structures in Khasra No. 279 were unauthorised.
In the last hearing, the High Court had stayed the demolition of 11 properties in the Batla House area. The same bench had issued notice DDA and had also sought the DDA's response.
It was to be noted that eleven residents had received this relief. Among them were two petitioners whose properties lay within Khasra No. 279 — the area that was specifically targeted for demolition.
The bench had granted the stay on the condition that the petitioners file an affidavit agreeing to withdraw any related petitions pending before the Supreme Court.
Earlier in June, the DDA had issued demolition notices for properties pursuant to a Supreme Court direction to remove unauthorised structures in Khasra No. 279.
However, the petitioners argued before the high court that they were not given an opportunity to be heard and had received no formal notices.
A week back, the Delhi High Court dismissed as withdrawn a Public Interest Litigation (PIL) filed by AAP MLA Amanatullah Khan challenging the proposed demolition in Batla House, observing that a general protection order in such a plea could prejudice individual cases.
A division bench of Justice Girish Kathpalia and Justice Tejas Karia refused to grant relief, adding that affected residents may approach the court individually.
Appearing for Khan, senior advocate Salman Khurshid had sought permission to withdraw the PIL. The court, therefore, allowed the petitioner to withdraw the PIL. “Accordingly, the petition is dismissed as withdrawn,” the bench said
In its order, the court said the petitioner may inform local residents of Batla House of their right to initiate appropriate legal proceedings within three working days.
Previously, the court had refused to grant an immediate stay on the demolition. Senior advocate Salman Khurshid, appearing for Khan, had sought an urgent stay, pointing out that the demolition was scheduled for June 11.
The matter will now be heard on July 10.