Delhi High Court: DDA Must Adjudicate Before Demolition, Principles of Natural Justice Apply
In a recent ruling, the Delhi High Court has emphasized that the Delhi Development Authority (DDA) cannot initiate demolitions Delhi High Court
In a recent ruling, the Delhi High Court has emphasized that the Delhi Development Authority (DDA) cannot initiate demolitions based on its own discretion and must adhere to principles of natural justice. The court asserted that before taking any demolition action, the DDA is obligated to issue a show cause notice, consider the reply or objections raised by the concerned party, and then proceed accordingly.
The court’s decision came in response to a plea filed by Bal Kishan Gupta, seeking protection against the demolition of his property located in Karol Bagh, Delhi. The court not only restrained the DDA from demolishing Gupta’s house but also prohibited the authority from dispossessing him without following due legal procedures.
Justice Singh, presiding over the case, noted that Gupta possessed a registered sale deed for the property and was in settled possession. The court deemed the DDA’s actions, which lacked prior intimation or a show cause notice, as a violation of the principles of natural justice.
While Gupta argued that he received no prior notice, the DDA contended that the property was on government land, and Gupta was an unauthorized occupant. The court, however, found that Gupta was not allowed to present his case before the authorities, granting relief to him.
The ruling highlighted that the DDA failed to conclusively prove the government’s ownership of the land. It stressed that the title of the property should be adjudicated through appropriate legal proceedings, and at the time of the demolitions, Gupta was in settled possession of the premises. The decision underscores the importance of due process and fair proceedings in cases of demolitions initiated by government authorities.
