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India Gazette
6 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)
Hans India
6 days ago
- Politics
- Hans India
Supreme Court refuses to stay demolitions in Delhi's Batla House, next hearing in July
New Delhi: The Supreme Court on Monday did not pass any interim orders on staying the proposed demolitions in the national capital's Batla House. A Bench of Justices Sanjay Karol and Satish Chandra Sharma told the residents, who had received 15-day eviction notices and apprehended imminent demolition, that they are free to avail remedies available under the law. The Justice Karol-led Bench directed that the matter be listed before the regular Bench for hearing in July. The litigants claimed that they were 'genuine residents' and 'property owners' of Khasra Nos. 271 and 279 in Batla House. They stated that their 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 since before 2014, and eligibility under the Recognition of Property Rights Act, 2019. 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 the Constitution of India, said the plea filed through advocate Adeel Ahmed. Underscoring the need for a fair, humane, and judicious approach before any coercive action is undertaken, the plea stated that applicants have been residing peacefully in the area in question for several decades, forming a stable and law-abiding community. It added that the 15-day eviction notices were mechanically applied to residents and properties which are neither part of Khasra No. 271 nor identified in any report as being outside the scope of regularisation. In spite of their legitimate claims, these residents have been denied an opportunity to be heard, and are now at imminent risk of displacement, said the application filed before the top court.
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
India Gazette
29-05-2025
- Politics
- India Gazette
SC to hear next week plea against demolition of properties in Batla House
New Delhi [India], May 29 (ANI): The Supreme Court on Thursday agreed to hear next week a plea filed against demolition notices of properties at Batla House in Jamia Nagar here. A vacation bench of Chief Justice of India BR Gavai and Justice Augustine George Masih agreed to post the matter next week after lawyer mentioned the matter for early hearing. The petition filed by Sultana Shaheen and 39 others who own properties in Batla House, said 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. They said the action is 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 pursuant 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. 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 stay on 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)
