IMPORTANT POINT
The court emphasizes the obligation of the DDA to ensure procedural fairness to those affected by its actions, upholding the petitioners' objection regarding the lack of a fair hearing before the demolition action.

JUDGMENT

Sanjeev Narula, J. - Asserting their claim of ownership over properties purportedly falling in khasra No. 1151/3 of Village Mehrauli, New Delhi, the Petitioners have raised a challenge to the demolition process of removing encroachments upon the Mehrauli Archaeological Park, New Delhi ["Park"], being undertaken by Delhi Development Authority ["DDA"] to protect and preserve the Park's heritage. The Petitioners' primary grievance is that DDA's demolition order targets unauthorized occupations specifically in the vicinity of Village Ladha Sarai, rather than Village Mehrauli. Consequently, they argue that such orders should not extend to, nor affect, their properties.

2. During the course of proceedings, it came to the Court's attention that there are several petitions pending on the subject matter at hand before the Bench of Single Judge of this Court. Additionally, this Bench is concurrently considering a Public Interest Litigation ["PIL"], W.P.(C) 4302/2015 that has significant relevance to the ongoing demolition operations conducted by the DDA. Thus, in order to avoid any conflicting directions and also given the commonality and overlap in the issues and contentions urged in all these petitions, we considered it apposite to tag all the matters and render a consolidated judgement. To ensure clarity and with consensus of all parties, this judgment will predominantly address the facts and arguments presented in W.P.(C) 1845/2023.

FACTUAL BACKGROUND

3. The facts and proceedings germane for contextual understanding of the present lis, are as follows:

3.1. Driven by their commitment towards conservation of cultural legacy of the Park, in 2015, the Indian National Trust for Art and Cultural Heritage, Delhi instituted the afore-noted PIL for restoration of the defaced and encroached monuments situated within the Park, and for formulation of a Comprehensive Conservation Management Plan. In the said proceedings, this Court ordered the DDA to secure the entire area and remove encroachments therefrom., Vide order dated 29th April, 2015. To this effect, the Government of National Capital Territory of Delhi ["GNCTD"], through the Sub-Divisional Magistrate, was directed to initiate demarcation process of the Park., On 27th May, 2015. Consequently, demarcation report(s) and site map(s) were prepared, basis whereof unauthorized constructions were identified and DDA proceeded with the demolition process.

3.2. On 12th December, 2022, the DDA notified the impugned demolition order, calling upon the persons occupying the land illegally, to vacate the premises within ten days from the date of said order. In the event of noncompliance, the DDA would then initiate removal/ demolition of the encroached structures. This notice was appended to the walls of inter alia Petitioners' properties, thus requiring them to evacuate the premises or experience the consequences.

3.3. Contending that their properties are situated in Village Mehrauli, and not Village Laddha Sarai, Petitioners submitted several representations to the Deputy Director, DDA. However, the same did not yield a positive response. DDA maintained that the Petitioners' properties lie within the bounds of Government land, and therefore, must be demolished.

3.4. The above-noted stand of the DDA prompted the filing of W.P. (C) 17480/2022 against the demolition order dated 12th December, 2022. In the said petition, on 23rd December, 2022, learned Single Judge of this Court restrained DDA from taking any coercive steps pursuant to the demolition order, in respect of the concerned Petitioners. The remaining Petitioners also resorted to filing of their respective writ petitions, wherein similar orders instructing DDA to maintain status quo were issued by learned Single Judge.

3.5. Later, in view of the fact that the impugned demolition order was premised on the demarcation report dated 21st December, 2021 prepared consequent to the PIL, the DDA preferred an application [C.M. APPL. 24888/2023] in W.P.