...HC reserves its order on petitions seeking stay on Batla House demolitions
New Delhi: Delhi High Court on Monday reserved its order on petitions seeking a stay on the demolitions in the Batla House area.
Justice Tejas Karia wrapped up proceedings after hearing the arguments of the Delhi Development Authority (DDA) and the individual petitioners who sought interim relief and protection.
HC was dealing with several petitioners, including affected residents Heena Parveen, Jinat Kausar, Rukhsana Begam, and Nihal Fatima.
Appearing for them, advocates Anurag Saksena and Sonica Ghosh urged the court to intervene and argued that the DDA issued a generic notice when there is no clear demarcation of properties that fall in the particular Khasra number under scrutiny for alleged illegal constructions.
The counsels maintained that not all properties in the Khasra are illegal and sought time from the court to produce the necessary documents. The petitioners submitted they purchased the property from a builder and were residents of the area since 1980-82. They are in the process of obtaining the documents, which are in Urdu and Farsi and require translation.
Opposing the plea, counsel for the DDA maintained that the properties are illegal.
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The counsel argued that the DDA is taking action following directions from the Supreme Court and gave time to the residents to furnish documents, but they failed to do so. The agency added that the land is illegally occupied as the encroachers failed to show title documents.
Last week, in separate proceedings, HC stayed the proposed demolition of 11 properties in the same area after individual residents challenged the notices issued by the DDA.
The petitioners argued that nine properties were outside the Khasra identified by the DDA yet were being targeted, while two premises fell within the Khasra number but are protected under the PM Uday Scheme. It was also contended that before taking action, the DDA didn't hear them.
On June 11, the matter relating to demolitions by DDA in the area had reached HC in the form of a PIL but the court refused to grant any relief to AAP MLA Amanatullah Khan, saying that a general order of protection in a PIL of this sort was likely to jeopardise the case of individual litigants.
The Supreme Court on May 7 ordered the DDA to demolish unauthorised structures in Khasra number 279, which is estimated to be around 2.8 bigha or 0.702 hectare along Muradi Road in Okhla village. |
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