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Synopsis

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula of the Delhi High Court, on Wednesday, quashed a demolition notice issued by the Delhi Development Authority (DDA) in December 2022 for certain "unauthorised" constructions near the Mehrauli Archaeological Park.

The court directed the DDA to restart the process and provide a hearing to the affected parties before taking further action on the encroachments.

Despite acknowledging environmental concerns and previous court orders, the bench emphasized that the DDA must act in accordance with the law and ensure procedural fairness to those affected by its actions.

The bench ruled on a batch of petitions challenging the demolition notice. The petitioners argued that their properties were not within the targeted area in village Ladha Sarai but village Mehrauli, and the demarcation report for removing the alleged encroachment could not be relied upon.

The court stated, "Since it is an admitted position that no intimation was issued to the petitioners prior to the demolition notice as mandated by the provisions of the DDA Act, we hereby quash the demolition notice issued on December 12, 2022."

It directed the DDA to commence the process afresh, ensuring that all petitioners are given a fair and reasonable opportunity to be heard in accordance with the proviso to Section 30(1) of the DDA Act before initiating any further demolition action. This exercise is to be completed within three months from the date of the order.

While acknowledging that the writ court's scope does not extend to resolving intricate disputes over boundary delineations, the court emphasized that it could not act as a civil court to affirm the petitioners' status as owners or lawful occupants of the disputed properties.

The court, however, found merit in the petitioners' submission that those affected by the demolition drive were not given the opportunity to present their case before the authorities, a procedural safeguard enshrined in the DDA Act.

"The court’s involvement in overseeing the conservation efforts does not exempt the DDA from adhering to the statutory procedures laid down by the legislature. Principles of natural justice demand that those whose interests are adversely affected by an administrative action must be given a chance to be heard, particularly when such action carries the significant repercussion of depriving them of their property," the court stated.

The DDA opposed the plea, asserting that the land in question was within the Southern Central Ridge, particularly the Park, which has immense historical and cultural appeal. It emphasized the responsibility of every citizen and governmental authority to protect and maintain the park, designated as 'green' in the Master Plan of Delhi, to conserve the Mehrauli Heritage Zone.

Case Title: Dargha Najeebuddin Firdousi v Delhi Development Authority & Anr.