NEW DELHI: The Supreme Court on Monday declined to interfere with the demolition notices issued to the properties owners at Batla House in Jamia Nagar here.
The court asked the affected people to approach the appropriate authorities.
A bench of Justices Sanjay Karol and Justice Satish Chandra Sharma, however, scheduled for hearing in July the plea by about 40 residents, who owned properties in Batla House, approached the apex court for stay on the demolition order.
The civic authorities issued demolition notices to several houses in the Jamia Nagar area citing encroachment on land belonging to the Uttar Pradesh Irrigation Department.
The petitioners contended that the DDA’s actions have led to the arbitrary demolition of homes and shops in Batla House, many of which were constructed decades ago and house low-income families.
"No rehabilitation or resettlement framework has been provided, thereby violating Article 21 (Right to Life and Livelihood). The residents had no prior knowledge or opportunity to respond, as mandated under provisions of the Delhi Development Act and master plan norms," the plea claimed.
Senior advocate Sanjay Hegde, appearing for the petitioner, referred to a May 7 order of the apex court which had directed the Delhi Development Authority to demolish unauthorised structures and encroachments in Okhla village in accordance with law.
The court had then asked the DDA to file a compliance affidavit within three months.
"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," the top court had said.
In its May 7 order, the court directed DDA to take action of demolition in accordance with law in respect of the unauthorised structures of area of 2 bigha 10 biswa.
Hegde argued that the demolition notices were issued in complete violation of the directions issued earlier by the Supreme Court in relation to the demolition of structures.
The counsel argued that buildings were "arbitrarily picked up" for demolition which was contrary to law.
The petitioners lawyer further submitted that the High Court cannot be approached as the "parties are affected by an order of the Supreme Court."
He contended that what was filed was an application in that earlier matter, seeking stay of the demolitions, as they were not heard before the court passed the order.
The petitioners also claimed that they are having valid title documents, proof of continuous possession of the said properties, since before 2014. "The demolition order by the civic authorities are completely illegal," the lawyer added.
