NEW DELHI: The Delhi High Court on Monday declined to grant an urgent stay on the planned demolition of alleged illegal structures in the Batla House area.
A division bench comprising Justices Girish Kathpalia and Tejas Karia was hearing a public interest litigation (PIL) filed by AAP MLA Amanatullah Khan. The bench scheduled the matter for further hearing on June 11, the same day the demolition is set to take place, as the case was taken up late in the evening, around 6:10 pm on Monday.
“For arguments on two issues, we will hear the petition on June 11. At this stage, we are not inclined to grant a stay as we have been informed that the Supreme Court has already declined protection,” the bench remarked.
Earlier in the day, Justice Tejas Karia, sitting as a single judge, had granted interim relief to some residents of Batla House by ordering that the status quo be maintained.
He noted that similar relief had been given for a related property on June 4. The Delhi Development Authority (DDA) was directed to respond to the current plea within four weeks. “In the meantime, both sides shall maintain the status quo,” Justice Karia ordered.
The single-judge plea had been filed by three local residents who challenged a demolition notice issued by the DDA on May 26. Appearing for MLA Khan before the division bench, senior advocate Salman Khurshid urged the court to pause the demolition scheduled for June 11.
Opposing the request, the DDA’s lawyer argued that Khan, as an MLA, was not directly affected by the notice and highlighted that the Supreme Court had already refused relief to the concerned parties.
The High Court noted that it would further examine on June 11 whether the division bench could proceed with the PIL, considering that one of its judges had previously ruled on related individual petitions.
The demolition notices were posted on buildings with unauthorised construction in Batla House following a May 7 order from the Supreme Court that directed the removal of illegal structures.
Bench scheduled the matter for further hearing on June 11
The bench scheduled the matter for further hearing on June 11, the same day the demolition is set to take place, as the case was taken up late in the evening, around 6.10 pm on Monday. At this stage, we are not inclined to grant a stay as we have been informed that the SC has already declined protection,” the bench remarked