New Delhi, June 2 The Supreme Court on Monday did not pass any interim orders on staying the proposed demolitions in the national capital’s Batla House.
A Bench of Justices Sanjay Karol and Satish Chandra Sharma told the residents, who had received 15-day eviction notices and apprehended imminent demolition, that they are free to avail remedies available under the law.
The Justice Karol-led Bench directed that the matter be listed before the regular Bench for hearing in July.
The litigants claimed that they were “genuine residents” and “property owners” of Khasra Nos. 271 and 279 in Batla House. They stated that their homes fall within the area now sought to be demolished on the purported ground of being outside the PM-UDAY Scheme coverage, despite having valid title documents, proof of continuous possession since before 2014, and eligibility under the Recognition of Property Rights Act, 2019.
Any blanket demolition drive initiated without affording affected residents an adequate and meaningful opportunity of being heard would amount to a gross infraction of the principles of natural justice and a direct violation of fundamental rights enshrined under the Constitution of India, said the plea filed through advocate Adeel Ahmed.
Underscoring the need for a fair, humane, and judicious approach before any coercive action is undertaken, the plea stated that applicants have been residing peacefully in the area in question for several decades, forming a stable and law-abiding community.
It added that the 15-day eviction notices were mechanically applied to residents and properties which are neither part of Khasra No. 271 nor identified in any report as being outside the scope of regularisation.
In spite of their legitimate claims, these residents have been denied an opportunity to be heard, and are now at imminent risk of displacement, said the application filed before the top court.
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