Delhi: HC declines immediate stay on Batla House demolitions

The case stems from a public interest litigation filed by Aam Aadmi Party (AAP) MLA Amanatullah Khan

The Delhi high court on Monday declined to immediately stay the demolition of homes and establishments in Batla House, scheduled for June 11 by the Delhi Development Authority (DDA). The court, however, agreed to hear the matter on the day of the demolition -- Wednesday -- in the morning.

A division bench of justices Girish Kathpalia and Tejas Karia initially hesitated to take up the plea, since justice Karia had earlier in the day granted interim relief to three similarly placed residents in a related matter. (HT Archive)

The case stems from a public interest litigation filed by Aam Aadmi Party (AAP) MLA Amanatullah Khan, who challenged DDA’s demolition notices served to properties in Khasra No. 283, arguing that these fall under the 2019 PM-UDAY scheme and not in the unauthorised zone (Khasra No. 279) flagged by DDA.

A division bench of justices Girish Kathpalia and Tejas Karia initially hesitated to take up the plea, since justice Karia had earlier in the day granted interim relief to three similarly placed residents in a related matter. “If he [Justice Karia] has already passed orders, how can he now sit in the division bench?” justice Kathpalia remarked.

Eventually, justice Kathpalia agreed to hear the matter in a single-judge capacity on June 11, after Khan’s counsel submitted that the demolition drive was scheduled to begin that day. “11th June morning, I will take up this matter. I will pass the order after hearing the parties,” the judge said.

However, he declined petitioner counsel Salman Khurshid’s request to direct the DDA to defer action until Wednesday, noting that the Supreme Court had already refused to stay the demolition. “I’m not going to say this. The Supreme Court has already declined,” he said.

The DDA’s notices, issued on May 26, followed the Supreme Court’s May 7 order directing the removal of unauthorised structures outside regularised colonies under PM-UDAY. Marked with red Xs, the notices gave occupants 15 days to vacate before demolitions begin on June 11.

On June 2, the Supreme Court also declined to halt demolitions in response to petitions by over 40 residents, instead agreeing to hear the matter after its summer recess. Meanwhile, the Delhi high court granted interim relief to a property in Khasra No. 283 on June 4.

In Monday’s plea, argued by advocate Fahad Khan on behalf of Khan, it was reiterated that the affected properties fall within Khasra No. 283 — not Khasra No. 279 — and are covered under the 2019 PM-UDAY scheme for regularisation of unauthorised colonies.

The DDA opposed the petition, stating that the Supreme Court had already declined relief on June 2 and that a protection order could not be issued in a public interest litigation.

The court’s order noted procedural complexities and listed the matter for June 11: “Two issues arise... One of us has already granted interim protection to the present petitioners. That being so, it needs to be examined whether this bench can deal with the present plea. Second, counsel for DDA contends that the Supreme Court has already declined protection…”