Mehrauli: Brief respite for residents as Delhi HC orders status quo on demolition till Tuesday

The residents have challenged the demolition order issued on December 12, 2022. 
Mehrauli: Women resist demolition of their houses. (Photo | EPS)
Mehrauli: Women resist demolition of their houses. (Photo | EPS)

A helpless woman cries, "Where will we go now?" as bulldozers razed their houses in Mehrauli.

The videos circulating on social media show the plight of the residents, mostly Muslims, as Delhi Development Authority (DDA) carried out the demolition drive.

Some desperate women protesters on Sunday allegedly threw red chili powder on police personnel deployed during the demolition drive, a report said. The protesters were subsequently detained by the police.

On Monday, a brief respite for the residents came in the form of a Delhi High Court order which directed the DDA to maintain the status quo till Tuesday.

The bench of Justice Manmeet Pritam Singh Arora directed the DDA that no demolition shall take place till tomorrow. "The order shall be communicated to the officials," the court directed.

This order has been passed in relation to 10 petitions moved by the residents of different colonies of the Mehrauli area amid the demolition in the area.

In another plea moved by the residents of Masjid Gandhak Ki Bawali Colony, no stay has been granted by the court as the petitioner was not able to produce any title documents.

However, another bench of justice Mini Pushkarna, directed a demarcation of the said colony. This matter was listed on February 27.

Advocate Kamlesh Kumar Mishra appeared for the petitioner Resident Welfare Association (RWA).

The petitioner in the present case is the RWA of Masjid Gandhak Ki Bawali Colony, Mehrauli and represents 14 families, who are members of the association, the petition stated.

The members of the association are residing near Jamila Masjid (Gandhak Ki Bawali Masjid) situated in Khasra No. 163 of Village Mehrauli, Ward No. 1, Delhi, the petition said.

It is the case of the petitioner that the members of the petitioner association have been residing on the above land for the past several decades and have documents to substantiate the said claim.

It is stated in the petition that since admittedly the structure/building/residences belonging to the members of the petitioner association is in existence much prior to the deadline of the year 2006 set by the Delhi Special Laws Act. Hence, the petitioners' properties are protected against demolition even if there is an order from the Court.

The Delhi High Court on Friday pulled up DDA over demolition in Mehrauli despite a stay order till the next date of hearing. The residents have challenged the demolition order issued on December 12, 2022. The matter was listed on February 16.

Justice Manmeet Pritam Singh Arora had expressed her displeasure with the standing counsel for DDA and said, "we can't have a situation like contempt. You take the plot number and convey it to the authorities to stop the demolition."

Earlier 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 had 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, has been challenged and sought to be quashed.

This matter pertains to the demolition drive inward no. 8 Mehrauli by the DDA. The notices were pasted on the identified properties and demolition was scheduled for Friday.

The action was challenged through several petitions filed in the matter. This matter pertains to different colonies falling under ward no. 8. 

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