On May 29, the Supreme Court agreed to hear next week a plea challenging the demolition notices issued against certain properties in Batla House, Jamia Nagar, Delhi. The application was filed by 40 residents who claim they are genuine property owners of Khasra Nos. 271 and 279.
Read also: Supreme Court Collegium Recommends Transfer of Four High Court Chief Justices
During the urgent mention before Chief Justice of India BR Gavai, the counsel representing the residents pointed out that the demolition notices were pasted outside their homes on May 26, without any prior hearing or fair notice. The residents argued that this action violates Supreme Court directions that demolition should follow due process.
The counsel stated, "This was a private dispute between parties, which was converted into a contempt matter. Our properties are not within the area marked for demolition, but we were not given any opportunity before the notices were served."
Initially, CJI Gavai suggested that the petitioners approach the High Court for relief. However, the counsel explained that the High Court may not have jurisdiction since the original order was passed by the Supreme Court. The application is part of the previous case where the Court had directed the Delhi Development Authority (DDA) and the Delhi Government to demolish unauthorised structures spread over 4 bighas of public land in Khasra No. 279, Okhla Village.
Read also: Rahul Gandhi Alleges Savarkar’s Family Link with Godse in Pune Defamation Cas
The counsel added that the residents have valid title documents, proof of continuous possession since before 2014, and are eligible under the Recognition of Property Rights Act, 2019.
After reviewing the documents, CJI Gavai remarked, "We can’t sit in appeal over the directions of this Court," but finally agreed to list the plea for hearing next week after persistent requests from the counsel.
Read also: Supreme Court Questions Haryana Govt On NHRC's Concerns Over FIR Against Ali Khan Mahmudabad
The application was filed through Advocate on Record Adeel Ahmed.
Case : I.A filed by NASSU AHMAD & ORS in SULTANA SHAHEEN vs DURGA SHANKAR MISHRA & ANR | Contempt Petition No. 335 of 2021 in Writ Petition (Civil) No. 4677 of 1985
