The Delhi
High Court on Friday pulled up the Delhi Development Authority (DDA) over
demolition in South Delhi's Mehrauli despite a stay order till the next date of
hearing.
The residents challenged the demolition order issued
on December 12, 2022. The matter was listed for hearing on February 16.
Justice Manmeet Pritam Singh Arora expressed her
displeasure with the standing counsel for DDA, saying, "We can't have a
situation like contempt. You take the plot number and convey it to the
authorities to stop the demolition."
Earlier in the day an order of status quo till
February 16 was passed by the bench after hearing the petitioners.
Despite this fact, the demolition was not stopped.
Thereafter the matter was mentioned before the bench which expressed its
displeasure on the situation.
The court stayed the demolition till the next date of
hearing.
The bench issued notice to the DDA and
listed the matter for further hearing on February 16.
The notice of December 12, 2022, for demolition and
communication of February 9, 2023, was challenged and sought to be quashed.
This matter pertains to the demolition drive in ward
number 8, Mehrauli by the DDA. The notices were pasted on the identified
properties and demolition was scheduled for Friday.
The action was challenged through five petitions filed
in the matter. The matter pertains to different colonies falling under ward
number 8.
Advocate Ankit Jain appeared on behalf of petitioner
Ruchi and 16 other petitioners.
The petition has been moved against the Delhi
government, DDA and the Archeological Survey of India (ASI).
It is stated that the properties of the petitioners
are in the urbanised village Mehrauli, which falls within 'Lal Dora' land and
has been duly registered with the Sub Divisional Magistrate's Office, Mehrauli
since the year 2001.
The sum and substance of the said demolition order are
that some Khasra numbers, falling in the village 'Ladha Sarai', have been
encroached upon by unauthorised occupants, the petition stated.
It is also said that the said Notice to the properties
falling in the village Ladha Sarai and the 'Mehrauli Archeological Park.
The notice granted the said 'occupants' to evict the
area within 10 days.
It was argued that the properties of the Petitioners
are falling in neither of the above. The petitioners' properties are self-owned
and have been in existence for more than 25 years.
Another petition was moved by Raghu Rai pertaining to
Khasra Number 1151/3 min in Mehrauli village. A stay was granted in this
matter.
In her reply, the standing counsel for the DDA stated
that she will file her written submissions on or before 13.02.2023.
She stated that she will place on record the
demarcation plotting Khasra No. 1151/3 min and the location of the subject
property.
Advocate Siddhant Kumar, the counsel for the
petitioner, said the building is situated in Khasra No. 1151/3 min, in Mehrauli,
which is not mentioned in the demolition order.
However, the demolition action is being proposed in
this Khasra as well, which is contrary to the demolition order of December 12,
2022. The court directed that in view of the fact that Khasra No. 1151/3 min
finds no mention in the demolition order of December 12, 2022, it is directed
that the status quo be maintained with respect to the subject property, until
the next date of hearing.
Another petition was filed by the residents of the
Ghosia colony slum by advocate Anupradha Shri. In this slum, around 700
structures were to be demolished. A stay was granted in this matter as well.