The Supreme Court of India today (Thursday, May 29, 2025) agreed to hear a crucial application next week challenging demolition notices issued against certain constructions in Batla House, Jamia Nagar, Delhi.
This judicial intervention stems from a plea by 40 individuals asserting themselves as genuine residents and property owners in the affected Khasra Nos. 271 and 279. The willingness of the apex court to revisit this contentious issue underscores the intricate balance between urban development mandates and the fundamental rights of citizens, highlighting the ongoing challenges in fostering equitable and sustainable urban environments in India’s bustling capital. The matter was brought before Chief Justice of India B.R. Gavai for urgent listing by a counsel representing the aggrieved residents. Initially, CJI Gavai suggested approaching the High Court, a standard judicial recourse. However, the counsel steadfastly maintained that the demolition notices were issued in direct violation of specific directions previously laid down by the Supreme Court concerning demolition procedures. Despite the CJI pointing out that the earlier order preserved the right to approach High Courts, the counsel’s persistence in arguing that the affected parties were subject to an order of the Supreme Court itself led to the agreement for an urgent listing.
The applicants contend that buildings were “arbitrarily picked up” for demolition, asserting a lack of due process. Their core argument revolves around the assertion that they were not afforded a proper hearing before the Supreme Court’s earlier order was passed, which, they claim, converted a “private dispute” into a “contempt matter” leading to demolition directives for Khasra No. 279. The residents emphatically state they are not within the specifically targeted area of Khasra No. 279 and possess valid title documents, proof of continuous possession since before 2014, and eligibility under the Recognition of Property Rights Act, 2019. The rapid affixing of demolition notices on May 26, demanding immediate eviction without prior opportunity for representation, has fuelled a sense of profound injustice among them. The legal complexity arises from the fact that the proposed demolitions are a direct consequence of a Supreme Court directive issued on May 8. This previous order mandated the Delhi Development Authority (DDA) and the Delhi government to demolish unauthorised structures spread over more than four bighas of public land in Khasra No. 279 in Okhla Village within three months, in accordance with the law. While CJI Gavai initially expressed reluctance, noting that the Court “can’t sit in appeal over the directions of this Court,” the counsel’s persistent submission that the established procedure laid down by the Supreme Court itself had not been adhered to, ultimately persuaded the bench to list the application for next week.
This case brings into sharp focus the delicate interplay between judicial pronouncements, administrative implementation, and the socio-economic realities on the ground. It highlights the human element in large-scale urbanisation projects and the potential for displacement and hardship, even when actions are taken under judicial mandate. The residents’ plea for a hearing underscores the importance of due process and natural justice, particularly when fundamental rights such as property ownership and housing are at stake. The outcome of next week’s hearing will be critical. It will not only determine the fate of the 40 families in Batla House but also set a precedent for how directives concerning demolition of alleged unauthorised constructions are implemented across urban India, particularly in dense, mixed-use areas. It is an opportunity for the judiciary to reinforce principles of transparency, accountability, and compassionate governance in urban development, ensuring that the pursuit of planned cities does not inadvertently lead to arbitrary dislodgement or social inequity.
For a nation aspiring to build zero net carbon, eco-friendly, sustainable, and gender-neutral cities, upholding the rights and well-being of its citizens during such transitions remains paramount.
Also Read: PM Reviews Key Infrastructure Projects Worth Rs 62000 Crore
