SC refuses to stay demolition drive in Okhla encroachments
NEW DELHI: The Supreme Court on Monday rejected pleas of some residents of Muradi Road, Batla House, Jamia Nagar in Delhi to stop the impending demolition drive against encroachments and illegal constructions on land which were acquired by Delhi Development Authority more than 43 years ago.
As many as 40 residents of the unauthorised colony through senior advocate Sanjay Hegde pleaded before a partial working day bench of Justices Sanjay Karol and A G Masih for a stay on the impending demolition drive citing the notices pasted in public places and unauthorised constructions asking the residents to vacate the place in 15 days.
Senior advocates Guru Krishna Kumar and A D N Rao pointed out that the demolition drive is being carried out based on the SC's May 7 order, which noticed that part of the unauthorised colony falls under Pm-UDAY Scheme under NCT Delhi (Recognition of Property Rights to Residents in Unauthorised Colonies) Regulations, 2019.
The bench had directed the DDA 'to take action of demolition in accordance with law in respect of the unauthorised structures of area of 2 bigha 10 biswas. The DDA shall file a compliance affidavit within a period of three months from today. We make it clear that when we say due process of law before demolishing any structure at least 15 days' notice shall be served upon the concerned persons.'
Justices Karol and Masih, who in principle do not want to dismiss any petition during the partial working day period, said the petition by residents of unauthorised colonies in Batla House area will be heard in July.
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Hegde said he apprehended that the authorities would act in full swing during the interregnum and pleaded for stay. But the bench refused.
The petitioner said the colony comprises a diverse group of individuals, including retired police personnel, govt employees serving in various departments and public offices as well as women, children and senior citizens. Any banket order for demolition would affect their fundamental right to live and right to shelter.
The DDA had issued notices on May 26 and 27 to many residents of unauthorised colonies in the Batla House area to vacate the land in question. 'Several affected properties, including those situated at Muradi Road, Batla House, are presently inhabited by families who have resided in the locality for decades, and who possess documentary proof of possession, such as electricity bills, house tax receipts, water bills, General Power of Attorney (GPA) documents, and sanctioned building plans.
Yet, in spite of their legitimate claims, these residents have been denied an opportunity to be heard, and are now at imminent risk of displacement,' the petitioners claimed.
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