Batla House demolition drive: AAP MLA Amanatullah Khan withdraws PIL in Delhi High Court

The Delhi High Court on Wednesday refused to intervene in a Public Interest Litigation (PIL) filed by Aam Aadmi Party (AAP) leader Amanatullah Khan to challenge the demolition notices issued to various residents of Batla House by the Delhi Development Authority (DDA) [Amantullah Khan vs Delhi Development Authority & Anr.].The Bench of Justice Girish Kathpalia and Justice Tejas Karia permitted Khan to withdraw the PIL and ask the affected residents to themselves file appropriate proceedings within three days.“Senior counsel for the petitioner on instruction of the briefing counsel seeks permission to withdraw this petition so that the petitioner, who is a public spirited individual informs the local residents of Batla House their right to file appropriate proceedings before appropriate forum within three working days. Accordingly, the petition is dismissed as withdrawn,” the Court stated. .The PIL challenged the alleged illegal demolition drive, highlighting that vague and generic demolition notices were being pasted by DDA at houses in the Batla House area. The petition sought urgent intervention as the demolition was slated to take place on the same day on June 11. It prayed for a blanket order for all aggrieved persons, highlighting that guidelines laid down by the Supreme Court were not being followed before carrying out the demolitions. .Senior Advocate Salman Khurshid, representing Khan, argued that the PIL was maintainable as the petitioner is the elected representative of the area. Khan is a member of Delhi Legislative Assembly from Okhla constituency. However, DDA submitted that all demolition notices grant 15 days to respond and that no demolition was being carried without serving notice to the affected parties. .The Court observed that the individual residents of the area have the liberty to challenge the demolition notices and any finding in the PIL would jeopardise their case before the adjudicating authority. Accordingly, the Court orally observed that the petition cannot be treated in public interest.However, Khan's counsel submitted that some of the aggrieved persons were granted protection by the High Court Court in their individual cases but the remaining residents of the area of Batla House are not aware of their legal rights to challenge the demolition action.The Court was unconvinced with the argument and allowed the petition to be withdrawn with a liberty to inform residents of their rights..Senior Advocate Salman Khurshid with Advocates Fahad Khan, Shikhar Sharma, Swati Khanna, Imran Ahmad, Jude Rohit and Raksha appeared for Khan.Standing Counsel Shobhana Takiar with Advocate Kuljeet Singh appeared for DDA. Panel Advocate Raghvendra Upadhyay appeared for GNCTD. [Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.