What is the Status of Batla House Demolitions Following Delhi HC's Directive?

New Delhi, Jun 23 (NationPress) The Delhi High Court instructed the Delhi Development Authority (DDA) and the city government to uphold the status quo until July 10 while addressing a writ petition submitted by seven long-time residents of Batla House against the "arbitrary and illegal threat of demolition."

During the proceedings, a bench led by Justice Rajneesh Kumar Gupta scheduled the matter for further consideration on July 10 alongside other pending cases, requesting the authorities in the capital to respond to the claims of the petitioners, who argue that the former are attempting to indiscriminately target properties beyond the designated area and without individual notifications.

The petition, represented by advocate Fahad Khan, asserts that the petitioners have not received any formal demolition notices as mandated by law. It was noted that during a field survey, their properties were marked for demolition, and they were verbally informed of impending coercive actions.

"The threatened actions constitute a blatant violation of the principles of natural justice, the right to livelihood under Article 21, and the equal protection assured under Article 14 of the Constitution," the petition stated.

Furthermore, the petitioners emphasized that they have not received any notifications at all. The plea requested that the authorities be restrained from executing any demolition actions without adhering to the due process of law, while maintaining the status quo pending a proper demarcation and assessment under the PM-UDAY Scheme.

The Delhi High Court has previously issued status quo orders following multiple writ petitions against the demolition notices, asserting that the petitioners’ properties either lie outside Khasra No. 279 or fall within it but qualify under the PM-UDAY Scheme.

The DDA's actions are a response to a directive from the Supreme Court mandating the clearance of encroachments on public land. The apex court clarified that if occupants are dissatisfied with the demolition notices, they may pursue appropriate legal avenues.

Earlier, the Delhi High Court had rejected a Public Interest Litigation (PIL) brought forward by Aam Aadmi Party leader Amanatullah Khan, contesting the proposed demolition actions. A division bench comprising Justices Girish Kathpalia and Tejas Karia noted that only affected residents could assert their claims regarding the existence of their properties beyond the proposed demolition site. Observing the court's reluctance to provide any relief, the senior counsel representing the AAP leader sought permission to withdraw the PIL.

In its order dated June 11, 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 pursue appropriate legal actions within three working days, subsequently dismissing the petition as withdrawn.