The Delhi High Court on Monday refused to give an immediate stay on the demolition of alleged illegal constructions in Batla House Khasra number 279.
The request for an urgent stay was denied despite mounting concerns from residents and political representatives. The division bench noted that a single-judge bench had already granted interim relief to several individuals in the area who had filed separate petitions.
The matter is now set to be heard further on June 11.
This development comes in response to a Public Interest Litigation (PIL) filed by AAP MLA Amanatullah Khan. Representing Khan, Senior Advocate Salman Khurshid informed the court that the demolition is scheduled for June 11 and appealed for a stay on the action.
Meanwhile, three petitioners are separately contesting the demolition notice issued by the Delhi Development Authority (DDA) on May 26.
The DDA counsel opposed the plea saying the petitioner was just an MLA and not an affected party and the Supreme Court had already declined protection to the alleged affected parties.
Amanatullah lives just a few metres away from Khasra 279, in the same neighborhood but in a different part of Batla House.
The High Court said it would hear the parties on June 11 on whether the division bench could deal with the petition when one of the two judges sitting in the division bench have heard similar petitions by some persons and granted certain reliefs.
A division bench of Justices Girish Kathpalia and Tejas Karia was acting on a PIL filed by Amanatullah and posted it on June 11, the day of the scheduled demolition after the matter came up at around 6.10 pm on Monday.
“For submissions on two issues, list the petition on June 11. We are not going to stay it (for now) because we are told that the Supreme Court has declined…,” the bench said.
The court, which was hearing the PIL, observed that the single judge had already granted the interim relief to several persons in their petitions but the case at hand was filed in public interest.
Justice Karia earlier in the day while sitting as a single-judge granted status quo to certain residents of the area.
He noted that a similar relief was granted in relation to a similarly-situated property in Batla House area on June 4 and asked the Delhi Development Authority (DDA) to file its response to the present plea in four weeks.
“In the meanwhile, status quo shall be maintained by the parties,” the judge said.
Demolition notices were affixed on the properties with unauthorised construction in Batla House area in pursuance to directions of the apex court, reported PTI.
On May 7, the top court passed an order directing demolition of alleged illegal construction.
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