The Batla House demolition case reached the Supreme Court today. Following a petition filed against demolition notices issued for certain constructions on Muradi Road, Batla House, the Supreme Court on Thursday agreed to hear the matter next week. The date of the hearing is yet to be fixed.

The application was filed by 40 individuals who claim to be bonafide residents and property owners of the khasras (land parcels) where the notices were served. These notices, issued on May 26, directed residents to vacate their homes and shops within 15 days. Since the notices issued, Batla House demolition case has grabbed media attention.

Advocate Adeel Khan, appearing for the petitioners, mentioned the matter before Chief Justice of India, Justice BR Gavai, requesting an urgent listing. Initially, the Chief Justice suggested that the petitioners approach the Delhi High Court.

The counsel however maintained that the demolition notices are issued in violation of the directions issued by the Supreme Court in relation to the demolition of structures, reported livelaw.in. The CJI pointed out that in that order, the right to approach the High Court has been reserved.

The counsel argued that buildings were “arbitrarily picked up” for demolition and requested for a listing tomorrow.

Batla House demolition case: Hearing in SC next week, date not fixed

Counsel Advocate Adeel Khan said: “So today in the Supreme Court our petition has been filed. This petition is against the demolition notice. Demolition notices that in Batla House, Jamia Nagar, have come to 50–60 houses, and these notices are without any locus, without any legal reasoning, because this has come under a contempt petition in which it was specifically said that in these places, if anything illegal is found, then they must be given 15 days’ notice, and within those 15 days they can submit their response, and only after that response and after the full procedure, only then should any demolition happen. But without doing that, the … has directly here given a 15-day notice to vacate the place, because here they will carry out the demolition.”

And the Supreme Court, while allowing this point, has permitted listing for next week, he said.

After examining the documents, the CJI noted that the demolition is being proposed pursuant to a direction passed by the Supreme Court. “We can’t sit in appeal over the directions of this Court,” CJI said. The counsel submitted that the procedure as laid down by the Supreme Court has not been followed. CJI reiterated that the issue can be raised before the High Court and asked the parties to approach the High Court. The counsel, however requested, “If the same be listed and directions be passed, then we will have our recourse.”

Now affected residents will wait for the hearing on Batla House demolition.

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Batla House demolition case: 38 residents submit applications

The exact number of affected households could not be ascertained, but it is understood that 38 residents have submitted applications in support of impleadment, along with affidavits, through the Counsel to the Chief Justice of India.

The applicants from the colony comprise a diverse group of individuals, including retired police personnel, government employees serving in various departments and public offices, as well as women, children, and senior citizens. “These applicants have been residing peacefully in the area… for several decades, forming a stable and law-abiding community. The presence of such vulnerable and service-oriented sections of society further underscores the need for a fair, humane, and judicious approach before any coercive action is undertaken,” said the applicants.

According to the Counsel, residents have been living in the area for several decades — some since before the 1980s — and have developed a vibrant and settled community, comprising residential homes, schools, small hospitals/clinics, marriage halls, and other concrete structures that support the local population and economy.

A resident, Haji Usman, told OT that residents possess valid legal documents such as allotment letters, lease deeds, electricity/water bills, and other government-issued documents evidencing long-standing possession and occupation. Some affected residents showed journalists copies of documents, including general power of attorney, house tax receipts, water tax receipts, and electricity bills, in response to the demolition notice and demanded justice.

The applicants pointed out that the area is heavily congested and surrounded by high-tension electric lines. Therefore, any demolition could only be carried out through manual labour or the use of pneumatic hammers.

“The report cautioned that demolition in such conditions would be a time-consuming process, requiring at least 35–40 days, and any signs of structural instability would necessitate halting the operation to avoid mishaps,” it stated.

The concerned Residents’ Welfare Association had submitted a detailed representation to the Sub-Divisional Magistrate, South East District, highlighting serious irregularities and discrepancies in the demarcation of colony boundaries and sought immediate rectification to prevent indiscriminate demolitions, mentioned the application.

“That the demolition actions initiated by the Delhi Development Authority (DDA) and allied authorities, in purported compliance with the directions passed by this court, stand on a fragile legal foundation — particularly in cases involving residents who were not parties to the original proceedings, who possess valid legal documentation, and whose properties lie within provisionally regularised colonies or are covered under the PM-UDAY framework,” said the applicants.

Violation of Article 21 (right to life and livelihood)

The right to life under Article 21 includes the right to shelter, residence, and dignity and the impugned demolition notices, issued without due process and in the absence of any hearing or verification, threaten to displace entire families — including children, women, and senior citizens — from their only place of residence, said the application.

The court has held in Olga Tellis v Bombay Municipal Corporation and Sudama Singh v. GNCTD that any action to remove individuals from their homes must meet the standards of fairness, non-arbitrariness, and due hearing.

Violation of Article 300A (right to property)

“The affected applicants possess valid documents such as sale agreements, general power of attorney, property tax receipts, electricity bills, and other evidences of settled possession. Demolition of such properties without determining ownership or lawful status amounts to unconstitutional deprivation of property without the authority of law,” it said.

The applicants pointed out that several of them are covered under the Pradhan Mantri Unauthorised Colonies in Delhi Awas Adhikar Yojana (PM-UDAY), having either applied for regularisation or submitted documents showing eligibility, including: Proof of construction before the cut-off date of 01.01.2015 / 01.06.2014; Property tax records, electricity bills, and GPA/SPA documentation; A Provisional Certificate of Regularisation dated 17.09.2008, issued to the Batla House Colony by the GNCTD, vide Order No. F.1-33/UC/UD/2004/P-III.

Initial relief but a long way to go: Residents

Since the news broke, affected residents have adopted a wait-and-watch approach. One resident, speaking on the condition of anonymity, said the development has brought some relief, but all eyes are now on the upcoming Supreme Court hearing. “The decision will be crucial — it will determine the future course of action,” he said, adding that the key question is whether there will be a stay or if the case will be referred to the High Court.

Since the notice was posted on several houses on May 26, giving residents 15 days to vacate, people have been living under the looming fear of demolition. Residents of Khasra number 277, located near Khasra 279, have stopped speaking to the media, alleging that many YouTubers have misrepresented their situation.

Social activist Md Tahir, who has been playing an active role in supporting the affected residents, told the OT that TV journalists are confusing the issue. “Just look since morning — and even in the past — they have been misleading viewers by clubbing together two separate cases: Khasra 277 and 279. But the fact of the matter is that these two cases are completely different.

“The Supreme Court today agreed to hear the case related to Khasra 279 next week. There is no mention of Khasra 277, which has been claimed as encroached land by the UP Irrigation Department. A notice was issued for it last Friday.

“In the case of Khasra 279, the land is being claimed by the Delhi Development Authority (DDA). Notices were served just a few days ago, asking residents to vacate their houses and shops within 15 days. It is in this case that we have achieved our first success in the Supreme Court. We, along with the residents, are hopeful that more relief will follow.”

Reacting on Thursday’s development, a netizen wrote: “Today, the streets of Okhla are not silent — they echo with sobs. Where children once played, there is now fear and unease. People who have lived here for generations — for 70–80 years — are watching their hard work, their homes, their peace of mind, all come under threat. The homes we built brick by brick, with our blood and sweat, are now under orders to be demolished. People are living in fear, unable to sleep for nights, with one question on their minds: What happens now? And the people we trusted? They’re nowhere to be found. MLA or Councillors no one has shown up. The same people who knocked on our doors during elections with big promises — now their mouths are shut, their eyes turned away. Isn’t it their duty to stand with the people in times like this? Stand with us. Be our hope. Be our voice.”