LI Network
Published on: February 3, 2024 at 12:25 IST
In a recent ruling, the Delhi High Court emphasized that the Delhi Development Authority (DDA) cannot arbitrarily carry out demolitions and must adhere to procedural fairness by issuing show cause notices and adjudicating objections before taking any action.
Justice Jasmeet Singh stated, “The respondent (DDA), being the State, is required to follow principles of natural justice and cannot carry out any demolition on its own whims and fancies. Before initiating the process, it is required to issue a show cause notice, call for reply, adjudicate the reply/objections and thereafter carry out any demolition.”
The Court’s decision came in response to a plea filed by Bal Kishan Gupta, seeking to prevent the demolition of his property located in Karol Bagh, Delhi. Justice Singh granted relief to Gupta, restraining DDA from demolishing his house or dispossessing him from the property without due process of law.
Justice Singh noted that Gupta possessed the property with a registered sale deed, and DDA’s demolition without prior notice or intimation violated principles of natural justice. Gupta alleged receiving no show cause notice before the demolition, while DDA argued that the property was situated on government land and Gupta was an unauthorized occupant.
However, the Court found that Gupta was not allowed to present his case before the authorities, leading to the grant of relief. It further observed that DDA failed to conclusively prove government ownership of the land and that the property formed part of Nazul Land.
The Court concluded that the title of the property must be adjudicated in appropriate proceedings, emphasizing that Gupta was in settled possession of the premises when the demolitions occurred.