SC to hear next week plea against demolition of properties in Batla House
May 29, 2025
New Delhi [India], May 29 : The Supreme Court on Thursday agreed to hear next week a plea filed against demolition notices of properties at Batla House in Jamia Nagar here.
A vacation bench of Chief Justice of India BR Gavai and Justice Augustine George Masih agreed to post the matter next week after lawyer mentioned the matter for early hearing.
The petition filed by Sultana Shaheen and 39 others who own properties in Batla House, said that a 15-day eviction/demolition notice was pasted on their properties on May 27.
This was done after the Supreme Court's order of May 7, directing the Delhi government and the Delhi Development Authority (DDA) to demolish illegal properties in the Batla House area, said the petition filed through advocate Adeel Ahmed.
They said the action is wrong because they were never made a party to that case and were denied the opportunity to present their case.
"They are genuine residents and property owners of Khasra Nos. 271 and 279, Batla House, who have now received 15 day eviction/demolition notices on May 27, 2025 pursuant to the Court's order on May 7, 2025 without being made parties to the writ petition or being granted an opportunity of being heard," the plea added.
The petition said that any blanket demolition drive initiated without affording affected residents an adequate and meaningful opportunity of being heard would amount to a gross infraction of the principles of natural justice and a direct violation of fundamental rights enshrined under Articles 14, 19(1)(e), and 21 of the Constitution.
The petition further stated that "the group of affected residents whose homes fall within the area now sought to be demolished on the purported ground of being outside the PM-UDAY.
Scheme coverage, despite having valid title documents, proof of continuous possession before 2014, and eligibility under the Recognition of Property Rights Act, 2019."
PM-UDAY is a scheme aimed at conferring or recognising property rights to residents of notified unauthorised colonies in Delhi.
Seeking stay on demolition order, the petitioners challenged the assertion that these properties are encroachments on public land.
"The authorities have failed to distinguish between unregularised encroachments and bona fide allottees, GPA holders, or regularisation applicants, thus resulting in gross arbitrariness," submitted the petition.
The petitioners further sought direction to restrain the authorities from taking any coercive steps, including sealing, demolition or disconnection of utilities, against their properties without verifying their eligibility under PM-UDAY or without complying with principles of natural justice.
