The Delhi High Court gives three working days to the affected parties in Batla House to approach appropriate authorities against the demolition notice issued by Delhi Development Authority (DDA).
A Bench comprising Justice Girish Kathpalia and Justice Tejas Karia was hearing the matter.
Advocate Salman Khurshid, appearing for AAP Okhla MLA Amanatullah Khan, argued that the elected representative was acting on behalf of Batla House Khasra 279 residents as they were unable to approach the court themselves.
“It is a court of first instance which should test the challenge faced by the individual resident of the locality. Passing a general order of protection to a PIL in such a case would also in all likelihood jeopardise the case of the individual litigant,” the court stated.
The High Court said the issue cannot be addressed in a PIL. “Rather individuals affected by the DDA notice must approach the concerned authorities,” said a source.
MLA Amantullah Khan withdraws his petition on Batla House
“As advised by the court, petitioner and local MLA Amantullah Khan withdraws his petition,” said the source present in the court.
“In furtherance of last order, learned senior counsel for petitioner on instructions of briefing counsel seeks permission to withdraw this petition so that the petitioner who is a public spirited individual informs the local residents of Batla house, their right to file appropriate proceeding before appropriate forum within three working days. Accordingly the petition is dismissed as withdrawn,” said briefing counsel lawyer Fahad Khan.
DA refuses to give written assurance to court about demolition
Although the court did not say anything on the demolition plan of DDA, the court said the local MLA may inform the residents to exercise their legal rights within three days, said the source, adding that the DDA refused to give any written assurance to the court about the demolition.
After the hearing was over, Salman Khurshid told the OT there is a complaint against the DDA and those who fear the demolition of their homes must approach the court within three days, just like others have gone to the High Court or Lower Courts. “They must seek similar relief from whichever court they choose,” he said.
To Amanatullah contention that the Delhi Development Authority (DDA) had issued generic notices pasted on properties not falling under Khasra 279, the court, however, observed that the DDA notices were not generic and complied with Supreme Court guidelines, giving 15 days for responses.
It also emphasised that no demolition was being conducted without serving notice.
Further, the Bench noted that only individual residents could validly claim whether their property falls outside the designated Khasra area.
As the court observed that some residents had already approached the court and received interim protection, it granted Khan three days to withdraw the petition and file an appropriate one including all affected individuals.
“The petitioner seeks permission to withdraw this petition so that the petitioner informs the local residents of Batla House of their right to file an appropriate petition in three days. The petition is dismissed as withdrawn,” the court stated.
It takes years to build a home: Amanatullah
Amanatullah Khan said: “We went to the Supreme Court regarding this notice. The people went, and the vacation bench of the Supreme Court placed this matter before a regular bench for hearing, which is scheduled for July 15. Still, the authorities are rushing to demolish.
“It takes years to build a home. Ask those whose homes are about to be demolished, those who are losing everything, understand their pain. Someone who’s lived there since 1970 is suddenly told they’re unauthorised or not part of the PM-UDAY scheme. Some homes are covered under the scheme while others aren’t, even when they fall under the same 279 area…”
When reporters asked the MLA whether the court has given a stay, he said: “The court gave three days. They were asked to assure that no demolition will take place during this time, but the DDA’s lawyers were not even ready to agree to that. You heard it – they weren’t even willing to give three days. They just want to demolish overnight. Now, the division bench has said that within three working days, all affected people with notices can approach any court. They are free to challenge their demolition notices.”
Batla House residents terrified
Advocate Ashu Khan, who was with Salman Khurshid, told the OT: “We got a three-day relief, and I want to congratulate everyone. The public was really distressed.”
“On Bakrid, when I went to Muradi Road, no one celebrated. No one bought a goat, no one made sacrifices. Some people had weddings planned for their daughters after Eid — imagine that. People have been living there since 1970, many with registered properties. How can demolition happen in such areas? I urge those who received notices to file writs and approach the court. We now have three days, and that’s good news,” he said.
“Salman Khurshid argued excellently. Amanatullah filed the PIL. I want to thank them. Batla House residents were terrified. When I reached last night, I stayed for three hours and asked many people not to vacate their homes. They were scared. This fear sends the wrong message to the people and to the administration.
“Even the administration doesn’t want homes to be demolished in Batla House. Building a house takes a lifetime of earnings. In a place like Delhi, people have shed blood and sweat to buy homes. The DDA doesn’t even have a proper role here…,” he said.
Tensions escalated further as demolition activity in Okhla’s neighbouring area, Kalkaji, left many residents feeling uneasy. There, the DDA carried out an anti-encroachment drive in the Bhoomiheen Camp area, following an order by the Delhi High Court. According to media reports, five bulldozers — including diggers and excavators — were brought in to raze around 1,200 unauthorised huts.
By Wednesday morning, Batla House had also become a focal point of attention, with several mainstream media journalists arriving on the scene. Their presence reflected growing anticipation, as the final day of eviction notices had passed and residents feared that a demolition drive might be imminent. However, nothing like this happened with residents heaving a sigh of relief for one more day.
