Has the Delhi HC Ordered Status Quo on Properties in Batla House?

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Has the Delhi HC Ordered Status Quo on Properties in Batla House?

Synopsis

In a recent development, the Delhi High Court has directed the DDA to maintain the status quo on certain properties in Batla House amid resident challenges to demolition notices. This ruling highlights ongoing conflicts over property rights and due process in urban planning.

Key Takeaways

  • The Delhi High Court has ordered the DDA to maintain the status quo on properties in Batla House.
  • Residents have challenged the validity of demolition notices, citing lack of due process.
  • The court will hear the case again on July 10, 2025.
  • Temporary reprieve has been granted to some residents as the court stays UP Irrigation Department's demolition plans.
  • Proper legal procedures must be followed in cases of property eviction.

New Delhi, Jun 17 (NationPress) The Delhi High Court has instructed the Delhi Development Authority (DDA) to maintain status quo regarding certain properties located in the Batla House colony of the national capital, following writ petitions submitted by several residents contesting the legitimacy of demolition notices.

A vacation bench presided over by Justice Tejas Karia requested a response from the DDA and other involved parties after petitioners asserted that their properties either lie outside Khasra No 279 or are included within it but qualify under the PM-UDAY Scheme.

When the DDA's counsel raised concerns about the maintainability of the writ petitions presented to the Delhi High Court, the petitioners agreed to withdraw their application submitted to the Supreme Court for similar relief.

In light of the petitioners' commitment, the Delhi High Court directed the DDA to provide a counter-affidavit within four weeks.

The court scheduled the next hearing for July 10, 2025, before the Roster Bench while ordering all parties to uphold the status quo in the meantime.

This DDA initiative is a response to a Supreme Court ruling mandating the removal of encroachments on public property.

The apex court also clarified that any occupants dissatisfied with the demolition notices are entitled to pursue appropriate legal action.

Residents contend that due process was not adhered to, as they were not afforded the opportunity to demonstrate ownership or offered alternative rehabilitation before receiving eviction notices.

The case escalated to the apex court, where a bench of Justices Sanjay Karol and Satish Chandra Sharma ordered the residents’ petition to be listed for hearing before the regular bench in July.

On May 22 and 26, two separate notices were issued, one by the Uttar Pradesh Irrigation Department and another by the DDA, citing Khasra numbers 277 and 279 in the impacted area.

The Delhi High Court has temporarily suspended the UP Irrigation Department’s demolition plans, providing some residents with a reprieve.

Nevertheless, last week, the court declined to consider a Public Interest Litigation (PIL) submitted by Aam Aadmi Party leader Amanatullah Khan, which challenged the impending demolition.

A division bench, consisting of Justices Girish Kathpalia and Tejas Karia, noted that only affected residents can assert that their properties are outside the proposed demolition zone. Observing the court's reluctance to extend any relief, the senior counsel for the AAP leader sought permission to withdraw the PIL.

In its order dated June 11, the Kathpalia-led Bench acknowledged that the legislator from Delhi’s Okhla constituency would inform the residents of their right to initiate appropriate legal proceedings within three working days, thus dismissing the petition as withdrawn.

Point of View

Our commitment to a fair representation of the facts remains unwavering. The ongoing legal tussle surrounding the properties in Batla House highlights significant issues relating to urban planning, residents' rights, and government accountability. The Delhi High Court's decision to maintain the status quo reflects a careful balance between judicial oversight and the need for due process.
NationPress
17/06/2025

Frequently Asked Questions

What prompted the Delhi High Court's order?
Residents of Batla House filed writ petitions challenging demolition notices, claiming their properties were either outside Khasra No 279 or eligible under the PM-UDAY Scheme.
What is the significance of the PM-UDAY Scheme?
The PM-UDAY Scheme aims to provide relief and rehabilitation options for urban properties affected by redevelopment or demolition actions.
When is the next hearing scheduled?
The next hearing is scheduled for July 10, 2025.
What concerns did the DDA raise?
The DDA questioned the maintainability of the writ petitions filed against the demolition notices.
What was the outcome of the Public Interest Litigation?
The court declined to entertain the PIL and noted that affected residents can claim their properties exist outside the proposed demolition site.