Batla House Demolitions : Delhi High Court Refuses To Entertain AAP MLA Amanatullah Khan's PIL

The Delhi High Court today (June 11) refused to entertain Aam Aadmi Party MLA Amanatullah Khan's PIL against DDA's proposed demolition action in the city's Batla House area.A division bench of Justice Girish Kathpalia and Justice Tejas Karia expressed that only individual residents can claim that their property does not fall within specified area of proposed demolition site.It thus permitted Khan to withdraw the plea with liberty to inform the residents of their right to move the appropriate forum, in 3 working days.After hearing the parties, the Court in its order dictated:"In furtherance of last order, learned senior counsel for petitioner on instructions of briefing counsel seeks permission to withdraw this petition so that the petitioner who is a public spirited individual informs the local residents of Batla house, their right to file appropriate proceeding before appropriate forum within three working days. Accordingly the petition is dismissed as withdrawn".The PIL alleged that vague and generic notices were issued by DDA without identifying individual structures, thereby depriving citizens of their constitutional rights.Meanwhile DDA had argued that no demolition is being carried out without service of notice. At this stage the court noted that it is not in dispute that the aggrieved individuals have already approached the court through writ proceedings in which they have been granted interim protection by a single judge. The court said that the plea cannot be treated in public interest as it is the individual resident of the area who can claim that their property does not fall within specified area and that passing a general order of protection through PIL in such case would also in all likelihood jeopardize individual case of the litigant.At this stage the court orally said to the parties, "We will fine tune the wordings of the order. But if it prejudices either side please tell so we can rectify it. No injustice should be caused to anybody. The only difficult is that we feel is that this plea should be raised by individual residents...Our anxiety is only that there should be no injustice to anyone".However at this stage senior advocate Salman Khurshid appearing for Khan submitted that he seeks to withdraw the PIL petition, stating that the aggrieved residents will approach the appropriate authorities and file pleas within three working days. The court thus dismissed the plea as withdrawn. Title: Amanatullah Khan v. DDACitation: 2025 LiveLaw (Del) 671

Batla House Demolitions : Delhi High Court Refuses To Entertain AAP MLA Amanatullah Khan's PIL

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