Supreme Court to hear pleas against Jamia Nagar demolition notices next week
NEW DELHI: The Supreme Court on Thursday agreed to hear a batch of pleas against the proposed demolitions of certain alleged illegal properties at Jamia Nagar in the national capital next week.
The lawyer for the petitioner told the apex court's two-judge Bench, led by CJI B R Gavai and Justice Augustine George Masih, that they had moved a plea against the demolition notice for certain Batla House and shops in Khasra numbers 277 and 279.
Recently, the civic authorities have issued demolition notices to several houses in the Jamia Nagar area, citing encroachment on land belonging to the Uttar Pradesh Irrigation Department.
"A notice pasted on May 26 says we should evict," the advocate argued before the SC and pleaded for an urgent hearing on the ground that this matter needed urgent attention.
The court, initially, refused to hear it and told him to go to Delhi High Court. But when the lawyer vigorously pleaded for an hearing, the Court agreed to hear it next week.
The lawyer vehemently argued that the demolition notices were issued in complete violation of the directions issued earlier by the Supreme Court in relation to the demolition of structures.
The counsel argued that buildings were "arbitrarily picked up" for demolition.
The petitioner's lawyer further submitted that the High Court cannot be approached as the parties are affected by an order of the Supreme Court. He added that what was filed was an application in that earlier matter, seeking a stay of the demolitions, as they had not heard before the Court passed the order.
The petitions also claimed that they have valid title documents, proof of continuous possession of the said properties, since before 2014. "The demolition order by the civic authorities are completely illegal," the lawyer added.
The petitioners had moved the top court by filing the application under Article 32 of the Constitution, and contended that the DDA’s actions have led to the arbitrary demolition of homes and shops in Batla House, many of which were constructed decades ago and house low-income families.
"No rehabilitation or resettlement framework has been provided, thereby violating Article 21 (Right to Life and Livelihood). The residents had no prior knowledge or opportunity to respond, as mandated under provisions of the Delhi Development Act and master plan norms," the plea, filed in the top court, claimed.