Delhi HC quashes DDA demolition notice for encroachment removal

The Delhi High Court quashed on Wednesday a December 2022 demolition notice issued by the DDA to certain “unauthorised” constructions in the vicinity of the Mehrauli Archaeological Park.

It asked the DDA, the city’s land owning authority, to re-start the process and grant hearing to the impacted parties before taking further action over encroachments on its land.

A bench headed by Chief Justice Satish Chandra Sharma said regardless of the environmental imperatives or earlier court orders, the DDA’s obligation to act as per law and ensure procedural fairness to those affected by its actions remains intact.

The Delhi High Court’s order came on a batch of petitions challenging the demolition notice on the ground that the properties of the petitioners did not fall within the targeted area in village Ladha Sarai but village Mehrauli, and the demarcation report for removal of the alleged encroachment could not be relied upon.

“Since it is an admitted position that no intimation was issued to the petitioners prior to the demolition notice as mandated by the provisions of the DDA Act, we hereby quash the demolition notice issued on 12th December, 2022,” the bench, also comprising Justice Sanjeev Narula, ordered.

“Consequently, we direct the DDA to commence the process anew, ensuring that all petitioners are accorded a fair and reasonable opportunity to be heard in accordance with proviso to Section 30(1) of the DDA Act, before any further demolition action is initiated.

This exercise shall be completed within a period of three months from today,” the Delhi High Court said.