Delhi High Court Quashes DDA Demolition Notice for Mehrauli Park, Asserts: Procedural Fairness Must Stand Intact

In a significant ruling, the Delhi High Court has quashed a demolition notice issued by the Delhi Development Authority (DDA), which targeted unauthorized constructions in the Mehrauli Archaeological Park. The Court underscored the importance of procedural fairness, stating, “Principles of natural justice demand that those whose interests are adversely affected by an administrative action, must be given a chance to be heard.”

The bench, comprising the Hon’ble Chief Justice and Hon’ble Mr. Justice Sanjeev Narula, delivered the judgment on 8^th November 2023, in response to the pleas of several petitioners claiming ownership of properties within the park’s khasra No. 1151/3 of Village Mehrauli. The petitioners had challenged the DDA’s demolition order, arguing that it was unfairly singling out their properties without following due legal process.

The Court noted the complexities involved in the demarcation of land, which has been a subject of contention between the petitioners and the DDA. “The core of Petitioners’ grievances is the actual location of their properties, as depicted on the maps utilized by the authorities to carry out the demarcation,” Justice Narula observed. In view of this, the Court has directed the DDA to reissue the demolition notice, ensuring that all affected parties are given a fair opportunity to present their case, as mandated by the DDA Act.

The decision has significant implications for the ongoing efforts to conserve the heritage zone of Mehrauli. While the Court recognized the DDA’s responsibility to maintain the area, it emphasized that conservation efforts must not override the necessity of following the due process of law. The Court’s decision reaffirms the right of individuals to be heard before being deprived of their property, setting a precedent for procedural fairness in administrative actions.

The High Court has clarified that it has not examined the merits of the demarcation report dated 21^st December 2021 and has left all rights and contentions of the parties open. This move is seen as a way to ensure that the intricate disputes over boundary delineations are resolved by competent authorities or civil courts, which are better equipped to handle such technical matters.

The ruling has been welcomed by the petitioners’ advocates as a triumph of justice and fair play. The DDA is expected to respond to the Court’s directions by initiating a new process that adheres strictly to the legal procedures established for such actions.

Date of Decision: 08 November, 2023

DARGHA NAJEEBUDDIN FIRDOUSI VS  DELHI DEVLOPMENT AUTHORITY & ANR