The Delhi High Court on Monday refused to give an immediate stay on the demolition of alleged illegal constructions in Batla House Khasra number 279.
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The request for an urgent stay was denied despite mounting concerns from residents and political representatives. The division bench noted that a single-judge bench had already granted interim relief to several individuals in the area who had filed separate petitions.
Batla House matter is now set to be heard on June 11 in HC
This development comes in response to a Public Interest Litigation (PIL) filed by AAP MLA Amanatullah Khan. Representing Khan, Senior Advocate Salman Khurshid informed the court that the demolition is scheduled for June 11 and appealed for a stay on the action.
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Meanwhile, three petitioners are separately contesting the demolition notice issued by the Delhi Development Authority (DDA) on May 26.
The DDA counsel opposed the plea saying the petitioner was just an MLA and not an affected party and the Supreme Court had already declined protection to the alleged affected parties.
Amanatullah lives just a few metres away from Khasra 279, in the same neighborhood but in a different part of Batla House.
The High Court said it would hear the parties on June 11 on whether the division bench could deal with the petition when one of the two judges sitting in the division bench have heard similar petitions by some persons and granted certain reliefs.
A division bench of Justices Girish Kathpalia and Tejas Karia was acting on a PIL filed by Amanatullah and posted it on June 11, the day of the scheduled demolition after the matter came up at around 6.10 pm on Monday.
“For submissions on two issues, list the petition on June 11. We are not going to stay it (for now) because we are told that the Supreme Court has declined…,” the bench said.
The court, which was hearing the PIL, observed that the single judge had already granted the interim relief to several persons in their petitions but the case at hand was filed in public interest.
Justice Karia earlier in the day while sitting as a single-judge granted status quo to certain residents of the area.
He noted that a similar relief was granted in relation to a similarly-situated property in Batla House area on June 4 and asked the Delhi Development Authority (DDA) to file its response to the present plea in four weeks.
“In the meanwhile, status quo shall be maintained by the parties,” the judge said.
Demolition notices were affixed on the properties with unauthorised construction in Batla House area in pursuance to directions of the apex court, reported PTI.
On May 7, the top court passed an order directing demolition of alleged illegal construction.
Relief for Ishrat Jahan on June 4
On June 4, the bench headed by Justice Harish Vaidyanathan Shankar granted a stay on the demolition of the petitioner’s (Ishrat Jahan) property situated at Muradi Road, Batla House, which was being targeted for demolition pursuant to a Supreme Court direction concerning illegal constructions.
“The petitioner, Ishrat Jahan, is a widow who has been residing in the said property for over 25 years. The key ground of challenge is that her property is not located on Khasra No. 279, but rather on Khasra No. 283, and is squarely covered under the PM-UDAY Scheme, as confirmed by a DDA survey report which is yet to be placed on record,” said Advocate Fahad Khan, practicing before the Delhi High Court.
It was Khan who had filed the matter in respect of demolition of Khasra No.279, Batla House.
The court further directed the following:
- The DDA is to file an affidavit outlining the proposed demolition plan concerning Khasra No. 279
- To file demarcation report for Khasra No. 279.
The matter is now listed for July 10, 2025, said Advocate Khan.
4 more residents got relief: Tahir
Emboldened by June 4 developments, many residents decided to file petitions in court.
On Monday, Md Tahir, who is assisting residents with their paperwork, told the OT that four more individuals have received relief. When asked for further details, he said: “I will share them with you soon.”
He said during the DDA’s visit on May 26 to paste eviction notices, officials mistakenly posted notices on houses that do not fall under Khasra number 297.
With just a day left before the June 11 demolition deadline set by the authorities, residents are gripped by fear and are scrambling for legal relief.
Residents stare at uncertain and dark future
Sarfaraz Ahmed, a resident whose house on Muradi Road received an eviction notice, said: “Since that day, we haven’t been able to sleep properly. We are trying to complete the required paperwork to seek protection from the courts.”
Originally from Bihar, Sarfaraz moved to Delhi for a better future. In 1984, he bought a flat on Muradi Road, unaware that decades later he would be told it was built on encroached land.
There are many like him who, years ago, moved to Muradi Road — then a clean and open area — to secure a better future for themselves and their children. “One of the main reasons for choosing this locality was its proximity to Jamia Millia Islamia and its easy accessibility,” said a resident.
“But now, with the eviction notices in hand, they stare at an uncertain and dark future. Many had purchased their homes by selling off ancestral properties, while some even took loans. Now, they don’t know where to go,” said Ahmed, who gave only one name.
On Monday evening, worry and uncertainty were etched on the faces of Batla House residents, many of whom anxiously gathered at social activist Md Tahir’s office on Muradi Road, awaiting the court’s decision. Ever since the eviction notice was served, Tahir’s modest office has become the epicenter of hope and resistance — witnessing a steady stream of distressed residents seeking guidance, legal support, and in some cases, applying for PM-UDAY in a desperate bid to save their homes from demolition.
“We are doing everything in our power to secure the future of the next generation. This colony has a long, rooted history, and we firmly believe that justice will prevail in the coming days,” said Tahir with quiet determination. Now, all eyes are set on June 11 — a date that holds the hopes and anxieties of hundreds. Until then, the residents can do little but wait and pray.
