Supreme Court To Hear Next Week Plea Against Demolitions Ordered In Delhi's Jamia Nagar Batla House

The Supreme Court on Thursday (May 29) agreed to hear next week an application filed against the demolition notices issued against certain constructions in Batla House, Jamia Nagar, Delhi.

The application has been filed by 40 persons who say that they are genuine residents and property owners of Khasra Nos. 271 and 279, Batla House.

Advocate-on-Record Adeel Ahmad mentioned the matter before Chief Justice of India BR Gavai for urgent listing. CJI Gavai initially asked the counsel to approach the High Court. The counsel however maintained that the demolition notices are issued in violation of the directions issued by the Supreme Court in relation to the demolition of structures. CJI pointed out that in that order, the right to approach the High Courts has been reserved.

Ahmad argued that buildings were "arbitrarily picked up" for demolition and requested for a listing tomorrow. CJI repeated that the parties should go to the High Court.

Ahmad then submitted that the High Court cannot be approached as the "parties are affected by an order of the Supreme Court". He added 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.

"This was a private dispute between parties, which was converted into a contempt matter and it was ordered that Khasra no so and so had to be demolished. We are not within that area. Although this Court gave an opportunity that 15 days notice will be there, the authorities have simply pasted demolition notices right outside our homes, asking us to be evicted straightaway without affording us any opportunity. The notices were affixed on May 26," Ahmad submitted.

After examining the documents, CJI noted that the demolition is being proposed pursuant to a direction passed by the Supreme Court. "We can't sit in appeal over the directions of this Court," CJI said. Ahmad submitted that the procedure as laid down by the Supreme Court has not been followed.

CJI reiterated that the issue can be raised before the High Court and asked the parties to approach the High Court. Ahmad, however requested, "If the same be listed and directions be passed, then we will have our recourse."

After he persisted and requested for a listing, CJI agreed to list it next week.

The applicants claimed that they are having valid title documents, proof of continuous possession since before 2014, and eligibility under the Recognition of Property Rights Act, 2019.

On May 8, the Supreme Court had directed the Delhi Development Authority and Delhi government to demolish unauthorized structures spread over more than 4 bighas of public land in Khasra No. 279 in Okhla Village, Delhi within 3 months in accordance with law.

The application has been filed through AoR Adeel Ahmed.

Case : I.A filed by NASSU AHMAD & ORS in SULTANA SHAHEEN v. DURGA SHANKAR MISHRA & ANR | Contempt Petition No. 335 of 2021 in  Writ Petition (Civil) No. 4677 of 1985