The Supreme Court has listed for next week a petition from over 40 residents of the “Batla House area” in Jamia Nagar, Delhi, who have challenged a move to demolish their homes on the grounds of illegal construction.
Batla House is famous for a controversial police “encounter” in September 2008 that claimed the lives of two alleged terrorists and an inspector, divided public opinion, provoked protests and media scrutiny, and led to a film adaptation.
The bench of Chief Justice B.R. Gavai and Justice Augustine George Masih had initially declined to entertain the plea and asked the petitioners’ counsel to approach Delhi High Court.
However, the counsel pleaded that they could not do so as Delhi authorities claimed to be acting in keeping with a May 7 order from another apex court bench to demolish illegal structures within a particular area in the neighbourhood.
“We are not within that area,” the counsel pleaded.
The counsel alleged that even in terms of the May 7 order, the authorities ought to have given the petitioners a 15-day notice. However, the eviction notices had been pasted on their homes on May 26 with no mention of a deadline, which indicated an intent to demolish the properties immediately, the counsel said.
Further, the petitioners argued that they lived in an area covered by the PM-Uday Scheme of 2019, which conferred ownership rights on, or recognised the ownership rights of, the residents of 1,731 unauthorised colonies in Delhi.
Justice Gavai then directed the registry to list the matter for “next week”.
On May 7, the bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan had directed both the Delhi Development Authority and the Delhi government to demolish unauthorised constructions over a certain area not covered under the PM-Uday scheme.
It said that “at least 15 days’ notice shall be served upon the concerned persons”.
“We also make it clear that those occupants who are aggrieved by notices of demolition are free to adopt appropriate proceedings in accordance with law,” the bench said.