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Hindustan Times
3 days ago
- Politics
- Hindustan Times
Supreme Court defers Batla House plea, declines stay on demolition
The Supreme Court on Monday refused to stay the impending demolition of homes and shops in Delhi's Batla House area, observing that its earlier order of May 7 – directing action against unauthorised construction, did not warrant any interference at this stage. A bench of Justices Sanjay Karol and Satish Chandra Sharma, hearing a plea filed by over 40 residents, declined interim protection against the demolition drive being undertaken by the Delhi Development Authority (DDA) and the Uttar Pradesh Irrigation Department, but agreed to list the matter in July, once the court resumes full functioning after the summer vacation. 'It is our order and we have seen it… You take instructions if you would want us to simply adjourn this,' the bench told senior advocate Sanjay Hegde, appearing for the residents, while referring to the earlier direction of the apex court from May 7. 'We are telling you that we have seen the papers. We can adjourn it. That is all we can do,' said the bench, making it clear that the court was not inclined to examine the issue substantively during the summer vacation. Hegde urged the bench to at least clarify that no demolitions should be carried out in the interim. 'Let nothing happen in the meantime,' he said. But the court stood firm. 'You will be taking a risk if you want to argue this,' the bench warned, reiterating that it would not hear the matter during the vacation and asking Hegde to 'take instructions.' After consulting his clients, Hegde asked that the matter be listed in the week after the summer recess. The court agreed. The partial working schedule of the Supreme Court ends on July 13, after which regular hearings resume. Hegde informed the bench that the petitioners would approach the appropriate appellate authority to challenge the demolition notices. The dispute stems from a May 7 ruling by another bench of Justices Abhay S Oka and Ujjal Bhuyan, which directed that unauthorised constructions outside the boundaries of colonies regularised under the 2019 Pradhan Mantri-Unauthorized Colonies in Delhi Awas Adhikar Yojana (PM-UDAY) be demolished. The order said residents should be given 'at least 15 days' notice' and allowed to 'adopt appropriate proceedings in accordance with law.' Acting on the order, DDA issued eviction notices dated May 26, which were pasted on several buildings in Batla House. The notices, marked by large red Xs, stated: 'This building/structure has been found to be an illegal/unauthorised structure falling in khasra number 279, village Okhla, outside PMA-UDAY colony boundary… occupants are hereby directed to vacate the premises within 15 days… the demolition programme shall be carried out from 11-06-2025 without any further notice.' With the demolition set to begin just days before Eid-ul-Adha, anxiety has spread through the predominantly Muslim neighbourhood. Many residents, in their plea, said they have lived in the area for decades and view the notices as arbitrary and unjust. In their plea before the top court, residents argue that the 15-day notice was not meaningfully served. Instead of individual communication or clear deadlines, the notices were simply pasted on buildings, offering no scope for redress. They claim the demolition drive is arbitrary, illegal, and in breach of the protections under the PM-UDAY scheme. While DDA and the UP Irrigation Department claim the affected area lies outside the scheme's boundary, residents insist they qualify for regularisation or at the very least deserve a chance to be heard. The petitioners say they are legitimate homeowners with long-standing possession, and that no individualised assessment of legality was made before marking homes for demolition. The residents had first approached the Supreme Court on May 29. At the time, the court advised them to move Delhi High Court. But the petitioners pointed out that the authorities were relying on the Supreme Court's May 7 order to justify the imminent demolitions, leaving them with no choice but to return to the top court. The bench then directed the registry to list the matter this week. Batla House, part of the Jamia Nagar locality, has long been a densely populated working-class enclave. It first drew national attention in 2008 after a controversial police encounter resulted in the deaths of two alleged terrorists and a Delhi Police inspector. Now, the looming demolition has brought it back into the spotlight. With Monday's development, the matter now rests in limbo until July. Meanwhile, the 15-day notice period, expiring on June 10, leaves affected families facing an uncertain and anxious wait, coinciding with one of the year's biggest religious festivals.
India Gazette
3 days ago
- Politics
- India Gazette
SC refuses to interfere with demolition notices to properties in Batla House
New Delhi [India], June 2 (ANI): The Supreme Court on Monday refused to interfere with the demolition notices issued to the property owners at Batla House in Jamia Nagar and asked the petitioners to approach the appropriate authorities. A vacation bench of Justices Sanjay Karol and Satish Chandra Sharma denied any interim stay on the demolition notices and posted the matter for hearing in July. The residents sought a stay on the eviction and demolition. The petition was filed by Sultana Shaheen and 39 others who own properties in Batla House, saying that a 15-day eviction/demolition notice was pasted on their properties on May 27. 'This was done after the Supreme Court's order of May 7, directing the Delhi government and the Delhi Development Authority (DDA) to demolish illegal properties in the Batla House area,' said the petition filed through advocate Adeel Ahmed. The petition said that the action was wrong because they were never made a party to that case and were denied the opportunity to present their case. 'They are genuine residents and property owners of Khasra Nos. 271 and 279, Batla House, who have now received 15-day eviction/demolition notices on May 27, 2025, according to the Court's order on May 7, 2025, without being made parties to the writ petition or being granted an opportunity of being heard,' the plea added. The petition said that any blanket demolition drive initiated without affording affected residents an adequate and meaningful opportunity of being heard would amount to a gross infraction of the principles of natural justice and a direct violation of fundamental rights enshrined under Articles 14, 19(1)(e), and 21 of the Constitution of India. The petition further stated that 'the group of affected residents whose homes fall within the area now sought to be demolished on the purported ground of being outside the PM-UDAY Scheme coverage, despite having valid title documents, proof of continuous possession before 2014, and eligibility under the Recognition of Property Rights Act, 2019.' PM-UDAY is a scheme aimed at conferring or recognising property rights to residents of notified unauthorised colonies in Delhi. Seeking a stay on the demolition order, the petitioners challenged the assertion that these properties are encroachments on public land. 'The authorities have failed to distinguish between unregularised encroachments and bona fide allottees, GPA holders, or regularisation applicants, thus resulting in gross arbitrariness,' submitted the petition. The petitioners further sought direction to restrain the authorities from taking any coercive steps, including sealing, demolition or disconnection of utilities, against their properties without verifying their eligibility under PM-UDAY or without complying with principles of natural justice. (ANI)
NDTV
4 days ago
- Politics
- NDTV
"Why Target Us?" Fear In Delhi's Batla House As Demolition Deadline Looms
Fear and anxiety is palpable among the residents of Muradi Road and Khizar Baba Colony in Delhi's Batla House as they face eviction notices from the Delhi Development Authority (DDA) and the Uttar Pradesh Irrigation Department, with demolitions looming as early as June 11. Clutching rent deeds, utility bills, and property tax records spanning decades, the communities are mounting a legal fight to protect their homes, determined to halt the bulldozers. The notices, stemming from a May 7 Supreme Court order, target unauthorized structures on 2.8 bigha (0.702 hectare) of land in Khasra number 279 along Muradi Road, under DDA's jurisdiction, and 4.5 bigha (1.12 hectare) in Khasra number 277 in Khizar Baba Colony, claimed by the UP Irrigation Department. Red crosses on doors and walls signal the impending threat. For residents, the orders are a shock after decades of unchallenged residency. "We've lived here for over 50 years. My grandfather built this house," said Jameel Ahmed, a 60-year-old Muradi Road resident, displaying a worn rent deed from the 1980s. "No one ever told us this was DDA land - no signs, no warnings. Now they want us out in 15 days?" The DDA's notice spares homes covered by the Pradhan Mantri - Unauthorised Colonies in Delhi Awas Adhikar Yojana (PM-UDAY), a 2019 scheme to legalise ownership in 1,731 unauthorised colonies. Yet, many residents argue their properties, backed by pre-2014 title documents, are wrongly excluded. In Khizar Baba Colony, the UP Irrigation Department's May 22 notice offers no such relief, with an Okhla office official confirming plans for bulldozers and security forces. Shoaib Danish, a former councillor, is leading the resistance. "We're petitioning the Supreme Court against the DDA and approaching a local court for the UP notice," he said, as residents pooled documents. "These aren't slums-these are multi-storey homes with families who've paid taxes and built lives. How can they be uprooted overnight?" he added. On June 2, the Supreme Court declined interim relief to 40 Batla House petitioners, directing them to other authorities, with a full hearing set for July after the court's summer recess. "We got a brief reprieve, but it's not enough," said AAP MLA Amanatullah Khan, urging families to apply for PM-UDAY regularisation. In Khizar Baba Colony, the Delhi High Court granted temporary relief on May 30, halting evictions for 115 families until an August 4 hearing. Lawyer Dr Farrukh Khan, representing them, noted the UP Irrigation Department's history of losing similar Okhla land disputes due to unproven ownership claims. Residents like Gulshana Khan, a mother of three, are gripped by uncertainty. "Our children go to school here. Losing everything is unthinkable," she said, her voice trembling. Mohammad Usman, a Muradi Road confectionery shop owner, added, "We have electricity bills, tax slips-everything. Why this harassment?" Fahemm Akhtar, a shopkeeper on Khasra 279, voiced economic fears: "People are scared, anxious. Crores of businesses are at stake. Where will families go with such high inflation?" Rizwan, a Khizar Baba Colony resident, emphasised the area's established nature: "Khasra 277 and 279 are lined with showrooms, five-to six-storey buildings, and a government hospital nearby. We've lived here for 70 years. There was never an issue. The Supreme Court's July hearing gives us hope, but demolishing this area contradicts public interest. This isn't a slum like Madrasi Camp near a drain - or other areas being demolished. Why target us?" The legal battle rests on claims of PM-UDAY eligibility and the Recognition of Property Rights Act, 2019. Residents argue their homes lie outside the Supreme Court's demolition zone and that authorities violated natural justice by omitting proper notice or hearings. "These are legitimate residents, not encroachers," said lawyer Sanjay Hegde, representing petitioners in the Supreme Court. "The DDA's actions lack fairness." With a narrow 20-foot road dividing Muradi Road and Khizar Baba Colony, residents brace for the fight to save their homes especially as Eid al-Adha approaches.
The Hindu
4 days ago
- Politics
- The Hindu
Batla House residents fear demolition after twin eviction notices
The residents of Muradi Road in Batla House and the adjacent Khizar Baba Colony are facing the threat of eviction after receiving demolition notices from the Delhi Development Authority (DDA) and the Irrigation Department of the Uttar Pradesh government respectively. A narrow 20-foot road separates the two colonies but places them in different administrative jurisdictions. Legal pushback Shoaib Danish, a local leader and former councillor, stated that the community is preparing to challenge the notices in court. 'We are going to approach the Supreme Court against the DDA's notice, and a local court for the U.P. government's notice. People have been living here for 50 years, suddenly they are told to vacate,' said Mr. Danish. Jameel Ahmed, 60, a long-time resident of Muradi Road, voiced his shock. 'My father bought this land in the 1980s. No one ever said it belonged to the DDA. There were no signboards, no markings, and no prior notice,' he said, holding documents he claims to prove ownership. The residents are backing their claims with rent deeds, water and electricity bills, and property tax documents. Disputed ownership The DDA issued its demolition notice on May 26, citing a Supreme Court order dated May 7. The ruling directs the 'DDA to demolish unauthorised structures in Khasra number 279'. The land is estimated to be around 2.8 bigha (0.702 hectare) along Muradi Road in Okhla village. The notice allows an exception for homes covered under the Pradhan Mantri – Unauthorised Colonies in Delhi Awas Adhikar Yojana (PM-UDAY), a central scheme meant to grant legal ownership in unauthorised colonies. Residents not covered by PM-UDAY must vacate within 15 days, with demolition scheduled to begin on June 11. Separately, the Irrigation Department of Uttar Pradesh issued a similar notice on May 22 for residents of Khizar Baba Colony, affecting approximately 4.5 bigha (1.12 hectare) of land. Red crosses were painted on several buildings in Khasra number 277, and residents were told to remove illegal structures within 15 days or face demolition. An official from the Irrigation Department's Okhla office confirmed that the move was coordinated with the Delhi government and the Lieutenant-Governor's office. 'We will bring bulldozers along with security forces and demolish the unauthorised buildings,' the official said.
India Today
29-05-2025
- Politics
- India Today
Batla House residents move Supreme Court against eviction, demolition notices
The Supreme Court on Friday agreed to list next week a petition filed by residents and property owners of Khasra Nos. 271 and 279 in Batla House, who have received eviction and demolition notices from matter was mentioned for urgent listing before a bench led by Chief Justice BR Gavai, which questioned why the petitioners had not first approached the High bench expressed its disinclination to entertain the plea, noting that it cannot sit in appeal over directions issued by another bench of the Supreme Court. However, the petitioners' counsel urged the Court to list the matter, stating that appropriate directions could be issued accordingly. The counsel also submitted that the required 15-day prior notice was not served and no opportunity of hearing was granted to the affected applicants, representing a group of affected residents, have argued that their properties, although now being targeted for demolition for allegedly falling outside the PM-UDAY scheme coverage, are backed by valid title documents, proof of continuous possession since before 2014 and eligibility under the Recognition of Property Rights Act, contend that any blanket demolition carried out without affording residents a meaningful hearing would violate the principles of natural justice and infringe upon fundamental rights under Articles 14, 19(1)(e) and 21 of the Constitution of petition highlights that the applicant group includes a diverse mix of individuals, such as retired police officers, serving government employees, women, children and senior citizens, who would be severely impacted by the Watch
