Mehrauli demolition case: Delhi HC directs to file affidavit, demarcation report, asks to hold meeting with petitioners

New Delhi [India], February 14 (ANI): The Delhi High Court on Tuesday directed to maintain the status quo of properties in the Mehrauli area where a demolition drive is going on.
The High court has directed DDA to file an affidavit on the petitions challenging the demolition. The high court also directed the DDA to file the demarcation report of 2021 and supply it to the petitioners.
Justice Manmeet Pritam Singh Arora on Tuesday passed the above direction. The court also impleaded the Archaeological Survey of India and issued notice to it
The court has also issued notice to DDA, Delhi Government.
The court has also asked the DDA to have a meeting with the petitioner on Wednesday at 3.30 at Vikas Sadan.
The high court has asked the petitioner to attend a meeting with their counsels along with documents at the office of DDA at Vikas Sadan at 3.30 PM.
The matters have been listed on Thursday along with other matters.
The High court was hearing 15 petitions filed by people who are in the possession of the subject properties for a demolition order issued by the DDA.
The High court made the petition of Green Apartment the lead matter and issued the above directions.
While opposing the petitions, Shobhna Takiar, the standing counsel for DDA, relied upon the Demarcation report carried out in 2021.
She submitted that the land in question was acquired by the DDA in 1974-75. It is settled law that the subsequent buyer of the acquired property will not have any rights, she said.
Standing counsel also submitted that the Demarcation was also done.
The court asked, "Did you supply the demarcation report copy to the petitioners? Was it in the public domain?"
The counsel for DDA also submitted that the subject property is situated in Ladha Sarai village and Archaeological Park in Mehrauli. A document related to Google Maps was also submitted.
She also submitted that the demolition is being carried out under the order of the division bench to remove all illegal construction from Archaeological Park.
Kamlesh Kumar Mishra, the counsel for the residents of Green Apartment, said there are 60 units in the apartment.
The court asked, "How many storeys are in the apartment?"
The counsel replied that there are 2 basements, and 4 storeys in the building. Dharam Singh was the person who sold this land.
Advocate Tanmay Mehta submitted that 100 years ago there was not a certain method of demarcation. After years, the TSM method was adopted. Now, they uploaded the masabi on Google.
He also submitted that when demarcation takes place on paper, it makes a huge difference in land on the ground. In these matters, the problem is that it is not certain where one Khasra (A big piece of land) ends and where the next one starts.
He also argued that assuming that the DDA's claim is correct, even then for the purpose of eviction the process of law should have been adopted.
The court asked, "What diligence the petitioner adopted about the property?"
The counsel replied that the demarcation was not out in the public domain to invite objection.
It is not Google Maps as it does not show the Khasra number. It is their (DDA) report, the counsel argued.
It was also argued that the Petitioner is in settled possession of the property. For the eviction the procedure under the Public premises Act and due law processes should have been followed, the counsel argued.
What due process did the government take to evict? the counsel asked.
In another petition, the other counsel submitted that there is no ownership record in Lal Dora land in Delhi. It only shows the Khasra number and all, Dora Abadi.
The counsels submitted that they need some time to establish the title.
The high court asked the standing counsel for DDA, "Please file your affidavit."
The standing counsel submitted that the Demarcation report is the subject matter before the division bench, and they (petitioners) can approach the division bench.
In another petition, the petitioner said that this property in question has been a School since 1939. There is only one ownership change. The school has been served with the demolition notice.
At this point, the court asked, "Was the demarcation report supplied to them?" Supply demarcation report to them, the court said.
Another counsel representing other petitioners in 6 petitions submitted that Demarcation was done twice.
DDA stated that in 2015 ASI was appointed nodal agency for the removal of encroachment from Archaeological Park. Thereafter, the court impleaded ASI as one of the parties. (ANI)