Mehrauli residents challenge DDA’s demolition drive, HC orders status quo

DDA’s counsel made a submission that since it is already 05.00 pm, there is no further demolition action scheduled at this stage, and further said that in view of the hearing no demolition action shall take place until the next date of hearing with respect to the subject properties, the order records. The HC order records DDA counsel’s submission that it shall communicate the order passed to the concerned officers on site this evening, pursuant to which the HC listed the matter on Tuesday at 2.15 pm.

Over the past few days, the DDA has been carrying out a demolition drive near Mehrauli Archaeological Park in Ladha Sarai village; on Monday, a drive was carried out in Mehrauli ward number 1, opposite Adham Khan’s tomb.

One of the pleas moved by one Rekha Manocha and 14 other residents of Ward 8, Mehrauli, seeks quashing of the February 12 demolition order claiming that their individual properties which lie in Khasra number 1151/3 min do not fall within the Khasra numbers mentioned in the demolition notice. The residents have claimed that these are self-owned properties which have been in existence for more than 50 years.

It has been stated in the plea moved by advocate Vidit Gupta that the title deeds of the properties, “being duly registered sale deeds wherein the petitioners have paid stamp duty to the office of SDM, Mehrauli, clearly states that the Khasra no’s of the properties being 1151/3 and 820/1 in village Mehrauli being an urbanised village”.

“The chain of documents of the title of the properties clearly shows that the Khasra no.’s mentioned therein and prove beyond an iota of doubt that the properties of the Petitioners is clearly distinct from the Khasra No’s of the which illegal occupancy has been carried out in the demolition notice. The properties of the Petitioners are therefore not part of the Khasra no.’s mentioned in the said demolition order as aforesaid of the village ‘Ladha Sarai’. Therefore the aforesaid demolition order is wrongly pasted on the buildings of the Petitioners and therefore is liable to be quashed qua the Petitioners herein and the Respondents may be directed by this Hon’ble Court to withdraw the same demolition order issued against the Petitioners,” the plea claims.

In another plea moved by Masjid Gandhak Ki Bawali Colony, Justice Arora did not grant a stay on the demolition as the petitioner was unable to produce any title documents.

Meanwhile, Justice Mini Pushkarna sought DDA’s stand in a separate plea moved by the ‘Resident Welfare Association of Masjid Gandhak KI Bawali Colony’ seeking demarcation of their houses by the authorities.

On February 10, Justice Arora had directed status quo on 400 jhuggis and an apartment building amid the demolition drive which began that day. Both pleas are filed by residents of Ward 8, wherein one of the petitioner’s of Ghosiya slum colony claimed that it is a notified jhuggi jhopri cluster and claimed that its name finds mention on Delhi Urban Shelter Improvement Board’s website. The HC listed the colony’s plea on Tuesday.

Another petition moved by 17 residents of an apartment building in Khasra No. 1151/3 min, Ward 8 was also protected by the HC on Friday from the demolition action, listing this plea on February 16