New Delhi, Feb 14 The Delhi High Court Tuesday issued notice on a plea seeking court's direction to the city government to put a stop to demolition drive by Delhi Development Authority (DDA) near Mehrauli Archaeological Park in Ladha Sarai village, till fresh demarcation.
A single-judge bench of Justice Mini Pushkarna was dealing with the plea seeking restrain from demolishing the area till a fresh demarcation is conducted. The plea was by a registered society of shopkeepers seeking direction to the Arvind Kejriwal-led government.
The counsel representing the petitioner said that without consulting the Delhi Urban Shelter Improvement Board (DUSIB), DDA had suddenly started the demolition drive.
The counsel further submitted that even after the Minister of Revenue issued an order dated February 11 regarding a fresh demarcation of the whole area, the concerned SDM was not carrying it outA as per the order but on the basis of a previous demarcation conducted in the year 2021.
As per the above-mentioned facts, the counsel said that further demolition should not have taken place at all.
However, in its defence, DDA's counsel said that the demolition was conducted on the grounds of orders passed by a division bench of the High Court in a public interest litigation titled Delhi Waqf Board v. Delhi Development Authority & Anr.
Citing an order dated December 23, 2022, wherein the division bench took note of DDA's stand that the demolition will be done only as per the demarcation report of 2021 and refused to grant any interim stay, the DDA counsel informed that several directions have been passed by the division bench now and then to make the area in question free from encroachments.
The petitioner has said that the area consists of many mosques, dargahs etc. which are waqf properties and various slums.
Considering that a similar issue is already being dealt with by a division bench of the court, Justice Pushkarna listed the matter before the concerned division bench 1 for February 17, subject to orders of the Chief Justice.
She said: "Considering the submissions made and the fact that a similar issue is already being considered by a division bench of this court, it is deemed expedient to place the matter before the division bench."
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