LawChakra

Demolition of Illegal Structures: Supreme Court to Hear Plea in July on Okhla Village Dispute

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The Supreme Court will hear in July a petition challenging the proposed demolition of alleged illegal structures in Okhla village. The plea raises concerns over residents’ rights and the legality of the demolition drive.

New Delhi: The Supreme Court announced on Monday that it will hear a plea in July regarding the proposed demolition of certain alleged unauthorized structures in Okhla village, New Delhi.

The case was presented before a bench comprising Justices Sanjay Karol and Satish Chandra Sharma.

Senior advocate Sanjay Hegde, representing the petitioner, referred to a May 7 order from the court that instructed the Delhi Development Authority (DDA) to demolish unauthorized constructions and encroachments in Okhla village according to the law.

The bench inquired,

“We are aware of our orders. We don’t want to say anything. We leave it to you. Should we pass an appropriate order or you want it in July?”

Hegde requested that no action be taken in the interim, stating,

“That is the real problem.”

The bench responded,

“It is our order. We know what it is. We know what you are saying.”

After a brief recess, Hegde indicated that he preferred the matter to be rescheduled for July.

He noted a section of the Supreme Court’s May 7 order,

“We also make it clear that those occupants who are aggrieved by notices of demolition are free to adopt appropriate proceedings in accordance with law.”

Consequently, the bench scheduled the hearing for July.

In the May 7 order, the court directed the DDA to act on demolitions in accordance with the law concerning unauthorized structures covering an area of 2 bigha 10 biswa.

It also instructed the DDA to submit a compliance affidavit within three months, clarifying that “when we say due process of law before demolishing any structure at least 15 days notice shall be served upon the concerned persons.”

This case arose from a contempt plea addressing the alleged disregard of its 2018 directives aimed at curbing encroachments and illegal constructions on public land in Delhi.

Recently, authorities issued demolition notices to several properties in the Jamia Nagar area of Okhla, claiming encroachments on land owned by the Uttar Pradesh Irrigation Department.

The notices, dated May 22 and affixed to the affected properties, stated,

“Everyone is informed that encroachment has been done in Okhla, Khizerbaba Colony, belonging to the Irrigation Control Department of Uttar Pradesh. The houses and shops on this land are illegal and should be removed in the next 15 days.”




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