HC to examine plea against Batla House demolition today
New Delhi: Delhi High Court is likely to examine on Wednesday a plea against the proposed demolition of alleged illegal constructions in southeast Delhi's Batla House.
Earlier, a bench of Justices Girish Kathpalia and Tejas Karia declined to grant an immediate stay on a public interest litigation filed by AAP MLA Amanatullah Khan, challenging the exercise.
The court said on Monday that it would examine the matter on June 11, the day of the scheduled demolition, as the matter came up after 6pm. "For submissions on two issues, list the petition on June 11. We are not going to stay it (for now) because we are told that the Supreme Court has declined…" the bench remarked.
It also pointed out that the single judge already granted interim relief to several persons in their petitions, but the case at hand was filed in public interest.
Justice Karia, while presiding as a single judge earlier on Monday, granted status quo to certain residents. He noted that a similar relief was granted last week and asked Delhi Development Authority to file its response to the new plea in four weeks.
The three petitioners before the single judge were challenging the demolition notice passed on May 26 by DDA. Senior advocate Salman Khurshid, representing Khan before the division bench, said the demolition was scheduled for June 11 and urged the court to grant a stay.
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The DDA counsel opposed the plea, saying the petitioner was just an MLA and not an affected party, and Supreme Court already declined protection to the alleged affected parties.
HC said it would hear the parties on June 11 and examine if a division bench could deal with the plea when one of the two judges sitting in the bench heard similar petitions by some persons and granted certain reliefs.
Demolition notices were affixed on the properties with unauthorised construction following the apex court's directions. On May 7, SC passed an order directing the demolition of alleged illegal constructions.
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