New Delhi, May 29 (UNI) The Supreme Court on Thursday agreed to hear next week an application challenging the demolition notices issued to several properties in the Batla House area of Jamia Nagar, Delhi.
The application, filed through advocate-on-record Adeel Ahmed, has been moved by 40 individuals claiming to be legitimate residents and owners of properties situated in Khasra Nos. 271 and 279 of Batla House.
The petitioners contend that the demolition notices pasted on May 26 were issued without following due process, including providing prior notice and a hearing, as mandated by the Supreme Court’s own directions in an earlier matter.
The matter was mentioned for urgent listing before Chief Justice of India BR Gavai. Initially, the CJI suggested that the petitioners approach the Delhi High Court for relief. However, the counsel appearing for the applicants argued that the demolition was being carried out pursuant to an earlier Supreme Court order and therefore the High Court lacked jurisdiction to intervene.
“This was a private dispute converted into a contempt proceeding, and the court had directed demolition in Khasra No. 279. But we are not within the area covered by that direction. Yet, the authorities have pasted demolition notices on our homes without giving us a chance to be heard,” the counsel submitted.
He emphasised that while the court had ordered a 15-day notice period for affected parties, no such opportunity had been afforded to the applicants.
After perusing the documents, the CJI remarked, “The demolition is being proposed pursuant to a direction passed by this court. We cannot sit in appeal over our own orders.”
The counsel maintained that the demolition action had not complied with the procedural safeguards outlined in the Court’s ruling, and insisted the matter required an urgent hearing.
Despite repeated suggestions from the bench to approach the High Court, the counsel urged the top court to intervene, pointing out that the applicants were not heard before the order was passed and that the structures in question fell outside the area specifically mentioned in the earlier directive.
Eventually, taking note of the persistent request, the CJI agreed to list the matter for hearing next week.
The petitioners claim to hold valid ownership documents, proof of continuous possession since before 2014, and eligibility under the Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019.
On May 8, the Supreme Court had ordered the demolition of unauthorised structures on more than 4 bighas of public land in Khasra No. 279 in Okhla village, directing the Delhi Development Authority (DDA) and the Delhi government to carry out the action within three months, strictly in accordance with law.
The applicants now seek a stay on demolitions which, according to them, fall outside the scope of that judgment.
