The order came as the DDA refused to give any official assurance to halt the demolitions for now
NEW DELHI – The Delhi High Court on Wednesday came down heavily on authorities who take no action when houses and other structures are raised on supposedly encroached land and then launch a demolition drive.
However, a division bench of Justices Girish Kathpalia and Tejas Karia refused to entertain a Public Interest Litigation (PIL) filed by Aam Aadmi Party (AAP) leader Amanatullah Khan, challenging the proposed demolitions in the national capital’s Batla House area. But the court allowed him to withdraw his petition against the demolition drive in the Batla House area of Jamia Nagar in South Delhi and granted three days to affected people to approach the court.
“We need to see why authorities keep sleeping as individuals raise structures and one day wake up and decide to demolish… we need to ensure justice,” the court said, according to a NDTV report.
The order came as the Delhi Development Authority (DDA) refused to give any official assurance to halt the demolitions for now.
The court noted that a general order could prejudice individual litigants’ cases, and the bench needs to hear the matter.
The court stated that entertaining such prayers through PILs would be counterproductive.
The counsel representing AAP leader Khan said the demolition is going beyond Khasra No. 279 of the Batla House area – the houses beyond it are being marked, and notices are being randomly posted.
The court said anybody beyond Khasra No. 279 can take legal recourse under the remedy provided by the Supreme Court.
In his petition, Khan had alleged that vague and generic notices were issued by the DDA without identifying individual structures or without identifying individual residents, thereby depriving citizens of their constitutional rights.
The petitioner also claimed that residents of Batla House are not aware of their legal rights. And in the name of show cause notices, the DDA issued generic notices that do not comply with the Supreme Court guidelines.
