Delhi HC dismisses Amanatullah Khan's PIL on Batla House demolition drive

The court said only aggrieved individuals can challenge demolition notices and gave Amanatullah Khan three days to file a proper petition including affected residents

The Delhi High Court on Wednesday dismissed the public interest litigation (PIL) filed by Aam Aadmi Party leader Amanatullah Khan, which challenged the ongoing demolition drive in Batla House, Bar & Bench reported.

 

A Bench comprising Justice Girish Kathpalia and Justice Tejas Karia was hearing the matter.

 

Advocate Salman Khurshid, appearing for Khan, argued that the elected representative was acting on behalf of residents unable to approach the court themselves.

 

However, the court held that any ruling by the Division Bench on the validity of the demolition notices could prejudice individual challenges before the appropriate authorities. 

 

 

“It is a court of first instance which should test the challenge faced by the individual resident of the locality. Passing a general order of protection to a PIL in such a case would also in all likelihood jeopardise the case of the individual litigant,” the court stated.

 

DDA notices not generic, says court 

Khan had contended that the Delhi Development Authority (DDA) had issued generic notices pasted on properties not falling under Khasra 279.

 

The court, however, observed that the DDA notices were not generic and complied with Supreme Court guidelines, giving 15 days for responses. It also emphasised that no demolition was being conducted without serving notice.

 

Further, the Bench noted that only individual residents could validly claim whether their property falls outside the designated Khasra area.

 

Petition withdrawn with liberty to refile 

As the court observed that some residents had already approached the court and received interim protection, it granted Khan three days to withdraw the petition and file an appropriate one including all affected individuals.

 

“The petitioner seeks permission to withdraw this petition so that the petitioner informs the local residents of Batla House of their right to file an appropriate petition in three days. The petition is dismissed as withdrawn,” the court stated.