AAP MLA withdraws petition challenging demolition drive in Mehrauli area
Feb 15, 2023
New Delhi [India], February 15 : Aam Aadmi Party (AAP) MLA Naresh Kumar Yadav on Wednesday withdrew the petition he filed in Delhi High Court challenging the demolition drive in Mehrauli.
A demolition drive is being carried out by Delhi Development Authority (DDA) in South Delhi's Mehrauli for the last five days. According to DDA, the drive is intended to clear the unauthorised encroachments on the government's land that houses protected monuments of the Archaeological Survey of India (ASI) among others.
Yadav is an MLA from Mehrauli area.
Justice Manmeet Pritam Singh Arora dismissed the petition as withdrawn. The court granted him liberty if he wishes to file a public interest litigation (PIL).
Yadav, through his counsel Mohit Gupta, filed the petition and contended that the demolition action is being carried out in utmost haste on certain buildings affecting around 1 lakh residents of the area.
The counsel told the bench that the DDA is demolishing the houses without verification of the title deeds, without relying on the demarcation report and without giving any show cause notices to the residents.
After hearing the initial submission of the petitioner's counsel, the court said, "The writ is in public nature as the petitioner is not aggrieved in the matter. He can file a PIL."
His counsel submitted before the court that this matter is related to thousands of people and the petitioner is also an elected representative from the area.
In another matter filed by Eklavya Kalra and others, the court issued notice to DDA and asked the counsel to take instructions in the matter. The matter is listed on Thursday along with similar matters.
The bench also directed to maintain a status quo till the next date of hearing.
The counsel for the petitioner submitted that the demolition notice was pasted on the property, which was not on the list of properties to be demolished. "Why did the notice was pasted on his and other properties?" the counsel asked.
Another bench of justice Prathiba M Singh also heard a matter related to demolition in Dera Mandi. The court granted a stay and listed the matter before another bench hearing a similar matter.
Advocate Kawalpreet Kaur said this matter pertains to demolition in the Dera Mandi area by the forest department.
This demolition drive was started by the DDA on February 10 in coordination with Delhi Police at Ladha Sarai Village falling in Mehrauli Archaeological Park.
"A demarcation exercise, to identify the extent of unauthorized and illegal encroachment or construction, for the purpose of removing them, had been carried out as per the direction of the High Court by the Revenue Department, representatives, in the presence of DDA and Waqf Board representatives in December 2021," DDA had earlier said in a statement.