Batla House demolitions: Delhi HC asks DDA to maintain status quo till July 10

New Delhi, Jun 23 The Delhi High Court on Monday told the Delhi Development Authority (DDA) and the city government to maintain status quo till July 10 as it dealt with a writ petition filed by seven “long-standing” residents of Batla House against "the arbitrary and illegal threat of demolition".

Posting the matter for further hearing on July 10 with other pending petitions, a bench of Justice Rajneesh Kumar Gupta asked the authorities in the national capital to respond to the petitioners’ claim that the former have sought to indiscriminately target properties beyond the identified area and without issuance of individual notices.

The petition, filed by advocate Fahad Khan, claimed that the petitioners have not been served with any demolition notices as required by law, and during a field survey, their properties were marked for demolition and were orally informed of imminent coercive action.

"The threatened action thus amounts to a clear violation of the principles of natural justice, the right to livelihood under Article 21, and the equal protection guaranteed under Article 14 of the Constitution," said the petition.

Adding that the petitioners have not been served with any notice whatsoever, the plea demanded that the authorities should be restrained from taking any demolition action without complying with due process of law, and to maintain the status quo pending a proper demarcation and assessment under the PM-UDAY Scheme.

The Delhi High Court has already passed status quo orders after several writ pleas were filed against the demolition notices, claiming that the petitioners’ properties fell outside Khasra No. 279 or fell within Khasra No. 279 but are eligible under the PM-UDAY Scheme.

The DDA action stems from a Supreme Court directive ordering the clearance of encroachments on public land. The apex court order also clarified that if the occupants are aggrieved by the demolition notices, they are free to adopt appropriate proceedings in accordance with law.

Earlier, the Delhi High Court had declined to entertain a Public Interest Litigation (PIL) filed by Aam Aadmi Party leader Amanatullah Khan, challenging the proposed demolition action. A division bench of Justices Girish Kathpalia and Tejas Karia observed that only aggrieved residents can make a claim that their properties exist beyond the proposed demolition site. Sensing the disinclination of the court to extend any relief, the senior counsel, appearing on the AAP leader’s behalf, sought permission to withdraw the PIL.

In its June 11 order, the Justice Kathpalia-led Bench took note of the submission that the legislator from Delhi’s Okhla constituency would inform the residents of their right to file appropriate legal proceedings within three working days, and dismissed the petition as withdrawn.

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