HC urges Signature View residents to vacate for DDA demolition

On Friday, a bench of chief justice DK Upadhyay and justice Tushar Rao Gedela noted that 218 flats were still occupied. Senior advocate Sanjay Jain, appearing for the DDA, said the continued occupation was delaying the start of demolition

The Delhi High Court on Friday urged residents of Signature View Apartments in Mukherjee Nagar to vacate their flats to enable the Delhi Development Authority (DDA) to begin demolition and reconstruction of the buildings, which have been declared structurally unsafe.

The 336 flats, built by the DDA between 2007 and 2010, were found to be unsafe after a structural audit by IIT-Delhi. (FILE)

The 336 flats, built by the DDA between 2007 and 2010, were found to be unsafe after a structural audit by IIT-Delhi. Following this, in 2023, the Municipal Corporation of Delhi issued demolition orders. However, several residents challenged the order in the high court.

In December, justice Mini Pushkarna upheld the demolition order and directed the DDA to carry out reconstruction, stating that the building was dangerous and unsafe for habitation. Residents were given three months to vacate, and the DDA was asked to pay monthly rent to each owner until the new flats were handed over.

On Friday, a bench of chief justice DK Upadhyay and justice Tushar Rao Gedela noted that 218 flats were still occupied. Senior advocate Sanjay Jain, appearing for the DDA, said the continued occupation was delaying the start of demolition.

Counsel for the residents countered that many who had vacated had not received rent from the DDA. They also pointed out that justice Pushkarna had reserved judgment in a plea seeking review of the December ruling.

Addressing these arguments, the court said: “In the meantime, to pave the way for demolition, the process of vacation must continue even if the petition is pending… The question of additional floor area ratio will be decided, but before the preparation of plans, demolition must begin. That requires both vacation and rent payment… The vacation needs to start. We urge every stakeholder to proceed in this direction.”

It also asked the DDA to submit an affidavit within a week, detailing rent payments made to residents who had vacated. The directive followed claims by the residents’ counsel that 111 owners had not received the promised compensation—an assertion the DDA disputed, saying the payment process was underway.

The court was hearing a DDA appeal against justice Pushkarna’s order that barred it from constructing 168 additional flats as part of the redevelopment and granted ownership rights to existing flat owners over an adjoining 0.67-hectare plot. The single judge had ruled that building new flats would infringe on the material rights of residents, since common areas had already been transferred to them and no new construction could take place without their consent.

The DDA, represented by advocates Kritika Gupta and Ritika Bansal, argued that the single judge had extended ownership rights to residents over common areas and facilities that, under law, do not belong to them.

The court agreed to consider whether to accept the DDA’s appeal, which was filed 104 days late, and directed the flat owners to file objections.

It also asked the DDA to submit an affidavit within a week, detailing rent payments made to residents who had vacated. The directive followed claims by the residents’ counsel that 111 owners had not received the promised compensation—an assertion the DDA disputed, saying the payment process was underway.

The matter will be heard next on August 25.