The Supreme Court on Thursday agreed to hear next week a petition challenging the proposed demolition of certain properties in Jamia Nagar, New Delhi.
The plea contends that the notices issued by civic authorities are unlawful, as they target buildings alleged to be “illegal” without following proper procedures.
Bench Directs Initial Recourse To Delhi High Court
A two-judge bench, comprising Chief Justice B. R. Gavai and Justice Augustine George Masih, initially suggested that the petitioners should first approach the Delhi High Court. “Go to the high court,” Chief Justice Gavai advised when the petitioner’s lawyer sought immediate relief.
The petitioner’s counsel argued that the Supreme Court itself had previously mandated a 15-day advance notice before any demolition. But in this instance, the notices were pasted directly on May 26, with no prior hearing. “Notice pasted on May 26… There has been no hearing,” the lawyer pointed out, stressing the lack of due process.
Citing Lack Of Due Process
The petition underscores that without a proper hearing, affected residents have no opportunity to present objections or challenge the allegations of illegality. “If this can be heard, then we may have some recourse,” the counsel urged, highlighting the urgent need for judicial intervention.
Upon hearing these submissions, the bench agreed to enlist the matter for a comprehensive hearing next week. This expedited listing reflects the court’s recognition of the potential impact on hundreds of families facing sudden eviction and loss of homes.
Demolition Notices Issued To Jamia Nagar Residents
The controversy stems from notices issued by authorities on May 22, which were subsequently pasted on houses and shops in Okhla’s Khizerbaba Colony. The notices state:
“Everyone is informed that encroachment has been done in Okhla, Khizerbaba Colony, belonging to the Irrigation Control Department of Uttar Pradesh. The houses and shops on this land are illegal and should be removed in the next 15 days.”
Residents argue that many of these structures have stood for decades and that some occupants hold valid occupancy certificates or other documentation.
Connection To Court’s May 8 Directive
This development follows a May 8 directive from the Supreme Court, which instructed the Delhi Development Authority (DDA) to demolish unauthorized constructions in Okhla village “in accordance with the law.” That order pertained to DDA land encroachments, but petitioners now contend that the more recent notices sweep too broadly, encompassing properties on land under the jurisdiction of the Uttar Pradesh Irrigation Department.
Stakes For Jamia Nagar Community
Jamia Nagar, a densely populated locality adjacent to the prestigious Jamia Millia Islamia University, has long grappled with land-use disputes. Evictions and demolitions have previously sparked resistance, with residents citing social and economic hardships.
Should the Supreme Court grant interim relief next week, it could stall the 15-day timeline imposed by the notices, allowing homeowners and shopkeepers to seek remedies in the Delhi High Court or before the municipal authorities. Conversely, failure to secure a stay could result in swift demolitions, rendering many families homeless.
The Supreme Court’s listing of the plea for next week signals a willingness to examine both procedural lapses and substantive rights of the petitioners. Observers note that the court’s assessment may hinge on whether the notices complied with established norms for issuing demolition orders, including adequate notice and opportunity to be heard.
As the hearing approaches, stakeholders on both sides—authorities intent on clearing encroachments and residents fighting to protect their homes—will prepare detailed submissions. The outcome will not only affect Jamia Nagar’s landscape but may also set precedents on how demolition drives are conducted in urban India.
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