Case title:
Dargha Najeebuddin Firdousi V. Delhi Devlopment Authority & Anr.
Date of Order:
08th November, 2023
Bench:
Hon'ble Justice Sanjeev Narula
Hon'ble Justice Satish Chandra Sharma
Parties:
Petitioner: Dargha Najeebuddin Firdousi
Respondent: Delhi Devlopment Authority & Anr.
SUBJECT:
The court decided to nullify the demolition notice that was sent on December 12, 2022, due to the acknowledged position that no notification was given to the petitioners beforehand, as required by the DDA Act.
OVERVIEW
- Motivated by their dedication to preserving the Park's cultural heritage, the Indian National Trust for Art and Cultural Heritage, Delhi launched the aforementioned Public Interest Litigation (PIL) in 2015 with the goal of restoring the vandalized and encroached monuments located within the Park and developing a Comprehensive Conservation Management Plan.
- This Court directed the DDA to safeguard the entire space and remove any encroachments during the aforementioned hearings.
- In light of this, the Sub-Divisional Magistrate of the Government of the National Capital Territory of Delhi [GNCTD] was instructed to start the Park's demarcation procedure.
- The DDA issued notice of the contested demolition order on December 12, 2022, requesting that anyone occupying the property without authorization leave within ten days of the order's date.
- Should there be non-compliance, the DDA would take the necessary steps to remove or demolish the encroaching structures. This warning, which ordered the Petitioners to leave the area or face the consequences, was attached to the walls of several of their properties.
- Petitioners filed many submissions to the Deputy Director, DDA, arguing that their homes are located in Village Mehrauli, not Village Laddha Sarai. Still, the same did not elicit a favorable response. According to DDA, the petitioners' properties need to be razed because they are on government land.
ISSUES RAISED
Whether the demolition notice passed was legal and whether the demarcation of land was correct?
ARGUMENTS ADVANCED BY THE APPELLANT
- Petitioners' attorneys maintained that the individuals in question are the legitimate proprietors and occupants of the properties they represent.
- Their ownership of the documents clearly establishes their rights to the properties.
- The principles of natural justice and the procedures outlined in Section 30 of the Delhi Development Authority Act, 1957—which clarifies the process for building demolition—as well as the Delhi Land Revenue Act, 1954 and the rules framed thereunder are all violated when a demolition order is imposed without first providing a show-cause notice and a hearing.
- Conversely, the pertinent legal clause used by DDA to bolster the contested action is not disclosed in the demolition notice.
ARGUMENTS ADVANCED BY THE RESPONDENT
- The DDA's legal representative contended that the disputed lands are part of the Southern Central Ridge, especially the Park, which has great historical and cultural significance.
- As a result, the duty to preserve and safeguard the Park rests with all citizens and governing bodies.
- According to the records that are currently in existence, the Government purchased the properties mentioned in the demolition notice in 1975, and the DDA was then given control of those properties under Section 22 of the DDA Act.
- These areas are being preserved to protect the Mehrauli Heritage Zone since they are designated as "green" in the Delhi Master Plan.
JUDGEMENT ANALYSIS
- The court decided to nullify the demolition notice that was sent on December 12, 2022, due to the acknowledged position that no notification was given to the petitioners beforehand, as required by the DDA Act.
- As a result, we give the DDA instructions to start the procedure over and make sure that before any more demolition action is started, all petitioners are given a fair and reasonable chance to be heard in compliance with the proviso to Section 30(1) of the DDA Act.
- The goal of this activity is to be finished in three months from now.
- The current petitions are resolved in accordance with the above directives.
CONCLUSION
In conclusion, the High Court of Delhi, in this case emphasized the mandatory requirement of serving notice to property owners prior to demolition, nullifying the contested demolition notice of December 12, 2022. The court instructed the DDA to restart the procedure, ensuring fair hearings for all petitioners in compliance with the DDA Act, with the goal of completion within three months. The judgment underscores the significance of procedural fairness and adherence to legal requirements in matters of property demolition.
