Delhi HC refuses relief to Amanatullah Khan plea over Batla House demolitions

New Delhi: The Delhi High Court on Wednesday refused to grant any relief in a PIL filed by AAP MLA Amanatullah Khan over demolitions in Batla House area.

The demolition in the area was scheduled today.

A bench of Justices Girish Kathpalia and Tejas Karia said passing a general order of protection in a PIL of this sort was likely to jeopardise the case of individual litigants.

Sensing the court's mood, the petitioner's counsel sought to withdraw the PIL.

"The petitioner's counsel seeks permission to withdraw the petition so that the petitioner who is a public spirited individual informs the local residents of Batla House area about their right to file appropriate proceedings before appropriate forum within three working days. The petition is disposed of," the bench said while dictating the order.

The bench noted that certain aggrieved persons had availed legal remedies and some even got relief.

Senior advocate Salman Khurshid, representing Khan, submitted that demarcation of the land in question was not done in line with the Supreme Court's order.

The Supreme Court on May 7 ordered the "DDA to demolish unauthorised structures in Khasra number 279".

The land is estimated to be around 2.8 bigha or 0.702 hectare along Muradi Road in Okhla village.

Khurshid said the authorities intend to demolish properties of even innocent persons.

The DDA, in the garb of a showcause, simply issued a generic notice pasted outside a number of premises which do not even fall in Khasra number 279 for which the order was passed by the apex court, he added.

Advocate Shobhana Takiar, representing the DDA, contended that the PIL was not maintainable for the Supreme Court's specific direction asking only those aggrieved to adopt appropriate legal remedies.

She submitted the DDA notices were not generic, but in compliance with the apex court's direction, granting 15 days time to respond.

A single judge had previously granted status quo to certain residents in the area and noted a similar relief was granted in relation to a similarly-situated property in Batla House area on June 4.

Demolition notices were put up on the alleged illegal properties in the area following directions of the apex court.