According to the recent ruling of the Delhi High Court, the Delhi Development Authority (DDA) is prohibited from independently conducting demolitions. The court emphasized that prior to any demolition, the DDA must issue a show cause notice and thoroughly assess the responses or objections raised by involved parties.
The single-headed bench of Justice Jasmeet Singh has restrained the DDA from demolishing Gupta's residence in the Karol Bagh area, in line with this directive.
The court has prohibited the Delhi Development Authority (DDA) from forcibly removing Gupta from his property without adhering to proper legal procedures. The court deemed the DDA's decision to demolish the property without issuing a prior notice or show cause notice to the petitioner a violation of the principles of natural justice. The petitioner asserted that he had not received any show cause notice or information before the demolition took place.
The court highlighted that the petitioner had acquired possession of the property through a registered sale deed. Consequently, the court deemed the Delhi Development Authority's (DDA) demolition action, carried out without providing prior notice or a show cause notice, a breach of the principles of natural justice.
Simultaneously, the Delhi Development Authority (DDA) contended that the petitioner was an unauthorized occupant and lacked any legitimate claim to the property. According to the DDA, the demolition action was therefore justified. Dismissing the DDA's argument, the court asserted that it was uncontested that the petitioner was not afforded the opportunity to present his case before the authorities.
The court said the DDA failed to conclusively show that the land belonged to the government and there was nothing on record to show that the property was part of Nazul land.
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