In Batla House demolition case, two petitioners from Khasra Number 279 located in Batla House have also received relief from the Delhi High Court on Friday. In all there are 11 residents who got the relief today. Residents’ petitioner counsel Fahad Khan told the OT two petitioners were specifically or partially from Khasra number 279.
On Delhi High Court hearing on petition challenging Batla House demolition notice, Khan told PTI: “These petitioners already moved to Supreme Court. The main contingent of the DDA was that, they already moved to Supreme Court. Therefore, no stay and relief can be granted. We got the stay on one condition that the petitioner who moved to Supreme Court will withdrew their petition.”
The DDA opposed the petition filed by the Batla House residents.
“The DDA argued that the people who have filed the petition in the High Court are the same ones who have also filed a petition in the Supreme Court, which is still pending. Therefore, how can the High Court hear this petition?,” said the source.
The petitioners’ lawyer said no notice was served to the petitioners; rather, the DDA only gave verbal information and carried out demarcation on June 9.
The petitioners’ lawyer said according to the order dated June 4, the demarcation report and proposed action plan to be submitted before the Delhi High Court will also include the area of the present petitioners, said source, adding that therefore, the Delhi High Court can hear their petitions.
Meanwhile, in today’s development at the Saket Court, it issued a notice to the DDA seeking a response on the petition and the next hearing in the case will be held on July 2 in Batla House demolition case.
It was on May 7 when the Supreme Court ordered the “DDA to demolish unauthorised structures in Khasra number 279”. The land is estimated to be around 2.8 bigha or 0.702 hectares along Muradi Road in Okhla village.
Batla House demolition notices were put on the properties with unauthorised construction in Muradi Road in pursuance to directions of the top court, leading to anxiety in the locality. Many residents reached the courts for interim relief claiming that eviction notices were mistakenly put on their house.
The first to get interim relief in Batla House demolition case was Ishrat Jahan, a widow, who claimed that her building was not in Khasra 279 as marked by the DDA.
Then the interim order was issued by Vacation Judge Justice Harish Vaidyanathan Shankar, who categorically directed that no coercive action be taken against the property in question. The court has slated the matter for detailed hearing on July 10, offering temporary respite to the affected residents in Batla House demolition case.
“Maintain status quo on the petitioner’s property,” the Court instructed, addressing the concern that demolition could proceed without due process, reported Courtbook.in.
The petition was filed after the DDA issued a demolition notice on May 26 for her residence located at Khasra No. 283 “The DDA shall file its affidavit within three weeks. Any objections may be submitted within one week thereafter,” the court directed. The petitioner was represented by Advocate Fahad Khan.
