Supreme Court defers Batla House plea, declines stay on demolition

It said that its earlier order directing action against unauthorised construction did not warrant any interference at this stage

The Supreme Court on Monday refused to stay the impending demolition of homes and shops in Delhi’s Batla House area, observing that its earlier order of May 7 – directing action against unauthorised construction, did not warrant any interference at this stage.

The Supreme Court in New Delhi. (ANI)

A bench of Justices Sanjay Karol and Satish Chandra Sharma, hearing a plea filed by over 40 residents, declined interim protection against the demolition drive being undertaken by the Delhi Development Authority (DDA) and the Uttar Pradesh Irrigation Department, but agreed to list the matter in July, once the court resumes full functioning after the summer vacation.

“It is our order and we have seen it… You take instructions if you would want us to simply adjourn this,” the bench told senior advocate Sanjay Hegde, appearing for the residents, while referring to the earlier direction of the apex court from May 7.

“We are telling you that we have seen the papers. We can adjourn it. That is all we can do,” said the bench, making it clear that the court was not inclined to examine the issue substantively during the summer vacation.

Hegde urged the bench to at least clarify that no demolitions should be carried out in the interim. “Let nothing happen in the meantime,” he said.

But the court stood firm. “You will be taking a risk if you want to argue this,” the bench warned, reiterating that it would not hear the matter during the vacation and asking Hegde to “take instructions.”

After consulting his clients, Hegde asked that the matter be listed in the week after the summer recess. The court agreed. The partial working schedule of the Supreme Court ends on July 13, after which regular hearings resume.

Hegde informed the bench that the petitioners would approach the appropriate appellate authority to challenge the demolition notices.

The dispute stems from a May 7 ruling by another bench of Justices Abhay S Oka and Ujjal Bhuyan, which directed that unauthorised constructions outside the boundaries of colonies regularised under the 2019 Pradhan Mantri-Unauthorized Colonies in Delhi Awas Adhikar Yojana (PM-UDAY) be demolished. The order said residents should be given “at least 15 days’ notice” and allowed to “adopt appropriate proceedings in accordance with law.”

Acting on the order, DDA issued eviction notices dated May 26, which were pasted on several buildings in Batla House. The notices, marked by large red Xs, stated: “This building/structure has been found to be an illegal/unauthorised structure falling in khasra number 279, village Okhla, outside PMA-UDAY colony boundary… occupants are hereby directed to vacate the premises within 15 days… the demolition programme shall be carried out from 11-06-2025 without any further notice.”

With the demolition set to begin just days before Eid-ul-Adha, anxiety has spread through the predominantly Muslim neighbourhood. Many residents, in their plea, said they have lived in the area for decades and view the notices as arbitrary and unjust.

In their plea before the top court, residents argue that the 15-day notice was not meaningfully served. Instead of individual communication or clear deadlines, the notices were simply pasted on buildings, offering no scope for redress. They claim the demolition drive is arbitrary, illegal, and in breach of the protections under the PM-UDAY scheme.

While DDA and the UP Irrigation Department claim the affected area lies outside the scheme’s boundary, residents insist they qualify for regularisation or at the very least deserve a chance to be heard. The petitioners say they are legitimate homeowners with long-standing possession, and that no individualised assessment of legality was made before marking homes for demolition.

The residents had first approached the Supreme Court on May 29. At the time, the court advised them to move Delhi High Court. But the petitioners pointed out that the authorities were relying on the Supreme Court’s May 7 order to justify the imminent demolitions, leaving them with no choice but to return to the top court. The bench then directed the registry to list the matter this week.

Batla House, part of the Jamia Nagar locality, has long been a densely populated working-class enclave. It first drew national attention in 2008 after a controversial police encounter resulted in the deaths of two alleged terrorists and a Delhi Police inspector. Now, the looming demolition has brought it back into the spotlight.

With Monday’s development, the matter now rests in limbo until July. Meanwhile, the 15-day notice period, expiring on June 10, leaves affected families facing an uncertain and anxious wait, coinciding with one of the year’s biggest religious festivals.