The Supreme Court on Thursday, May 29, agreed to hear next week a plea challenging demolition notices issued against certain constructions in Delhi’s Jamia Nagar.
A counsel appearing in the matter sought urgent listing before Chief Justice of India BR Gavai, arguing that the notices were issued in violation of previous Supreme Court directions on demolitions. Initially, CJI Gavai advised the counsel to approach the Delhi High Court.
However, the counsel contended that the demolition notices were issued despite safeguards laid down by the apex court, which warranted the matter’s urgent consideration by the Supreme Court.
The counsel claimed that several buildings were “arbitrarily selected” for demolition and urged for the case to be heard the next day. CJI Gavai reiterated that the proper course was to move the High Court.
In response, the counsel stated that the parties could not seek relief from the High Court as the demolition stemmed from a Supreme Court order. He clarified that the application was for a recall of the order, on the grounds that affected parties were not heard.
“This was originally a private dispute which turned into a contempt matter. Demolition was ordered for Khasra No. [specific number], but we are not located within that area,” the counsel submitted. “Though the Court had directed a 15-day notice period, authorities pasted demolition notices outside our homes on May 26 without any opportunity for us to be heard,” he added.
After going through the documents, the CJI observed that the proposed demolitions were pursuant to directions issued by the Supreme Court itself. “We cannot sit in appeal over this Court’s own orders,” the CJI remarked. The counsel, however, maintained that the procedures mandated by the Court had not been followed.
CJI Gavai reiterated that the parties should approach the High Court for relief, but the counsel insisted on a listing before the apex court. Eventually, the CJI agreed to list the matter next week.
Earlier, on May 8, the Supreme Court had directed the Delhi Development Authority (DDA) and the Delhi government to remove unauthorised constructions on over 4 bighas of public land in Khasra No. 279, Okhla Village, within three months in accordance with law.
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