DDA Can't Carry Out Demolition On Its Own Whims & Fancies, Must Issue Show Cause Notice & Adjudicate On Objections: Delhi High Court

The Delhi High Court has recently observed that the Delhi Development Authority (DDA) cannot carry out any demolition on its own whims and fancies and must issue show cause notice and adjudicate the reply or objections raised by a party before initiating such action.

“The respondent (DDA), being the State, is required to follow principles of natural justice and cannot carry out any demolition on its own whims and fancies. Before initiating the process, it is required to issue a show cause notice, call for reply, adjudicate the reply/objections and thereafter carry out any demolition,” Justice Jasmeet Singh held.

The court allowed a plea moved by one Bal Kishan Gupta and restrained the DDA from demolishing his house situated in the city's Karol Bagh area. It further restrained the DDA from dispossessing Gupta from the property, without following due process of law.

Justice Singh observed that Gupta was in settled possession of the property with a registered sale deed in his favour, and hence, DDA's action of carrying out demolition without a prior intimation or show cause notice to him was violative of principles of natural justice which cannot be permitted.

While Gupta claimed that no show cause notice or intimation was given to him prior to the demolition, the DDA objected to the plea stating that the property was situated on a government land. 

DDA further claimed that Gupta was an unauthorized occupant and had no right in the property, and hence the demolition was lawful.

The court said that it remained unchallenged that Gupta was not allowed to present his case before the authorities and thus, granted relief to him.

It further said that the DDA failed to conclusively show that the land belonged to the government and that there was nothing on record to show that the property formed part of Nazul Land.

“Hence, the title of the property is left to be adjudicated in proceedings before the appropriate forum, if and when initiated by the parties. The fact remains that at the time the demolitions were carried out, the petitioner was in settled possession of the premises,” the court said.

Counsel for Petitioner: Mr Sermon Rawat, Mr Vikas Rathee and Ms Aastha Vishwakarma, Advs

Counsel for Respondent: Mr Anish Dhingra, Mr Nakul Ahuja and Ms Rupinder Oberoi Dhingra, Advs

Title: BAL KISHAN GUPTA v. DDA

Citation: 2024 LiveLaw (Del) 126

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