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SC Orders Demolition of Unauthorised Structures in Khasra No. 279, Okhla ,  Residents in Constant Fear vow to fight it thought legal battle

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By Anwarulhaq Baig

NEW DELHI:A fresh wave of anxiety is sweeping through Delhi’s Jamia Nagar after the Supreme Court issued directions to demolish unauthorised structures spread over more than four bighas of public land in Khasra No. 279, Okhla Village.

The recent Supreme Court directive, passed by a bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan, mandates the Delhi Development Authority (DDA) and the Delhi Government to demolish illegal constructions within three months. However, in a move seen as a limited relief, the Court made it clear that no demolition would occur without prior notice:

The apex court ordered, “When we say due process of law, we make it clear that 15 days advance notice shall be served on all concerned persons before taking action of demolition… Those occupiers who are aggrieved with the notices of demolition are free to adopt proceedings in accordance with law.”

The directions came while hearing a contempt plea related to the violation of the Supreme Court’s 2018 order against rampant unauthorised constructions and encroachments on public land in Delhi.

 Khasra No. 279: Where is the Land in Question?

The disputed land, measuring 34 bighas and 8 biswas, is reportedly located between Muradi Road and Khalilullah Masjid in Batla House — a densely populated part of Jamia Nagar. According to Mohammad Khalid, aide to MLA Amanatullah Khan and AAP’s Okhla constituency in-charge, this impugned land includes small plots near Peer Baba Dargah, believed to be Okhla’s oldest shrine of Khwaja Khizr Baba, as well as land adjoining Khalilullah Masjid and the Delhi Nagar Office and Dhobi Ghat. Residents believe this Dargah is the grave of Syed Khizr Khan, the founder and first ruler of the Syed Dynasty, who ruled Delhi for seven years before his death in 1421.

Dargah of Khwaja Khizr Baba in Batla House near Khalilullah Masjid.

Khalid noted that demolition fears in the locality are not new. Over the years, similar concerns have surfaced repeatedly.

“This is a very old case dating back to 1991,” said the AAP’s Okhla leader. Khalid clarified that the contentious land is not a single consolidated parcel but consists of scattered plots — some near the Dargah, others near Khalilullah Masjid, and a few close to Dhobi Ghat. Notably, the DDA has already removed jhuggis and temporary structures near Dhobi Ghat in Batla House for the Ashram-Faridabad flyover project.

Khalilullah Masjid
Khalilullah Masjid in Batla House Area

What the Court Said About the Land Division

According to the Supreme Court, of the total area, 13 bighas and 14 biswas are currently vacant, while 11 bighas and 11 biswas fall under the jurisdiction of the Uttar Pradesh Irrigation Department. The remaining 9 bighas and 3 biswas are occupied by unauthorised constructions.

Out of this occupied land, 5 bighas and 15 biswas fall under the DDA, with 3 bighas and 5 biswas protected under the PM-UDAY scheme — a central government initiative that offers recognition of property rights in unauthorised colonies. However, the remaining 2 bighas and 10 biswas have now been ordered to be demolished.

For the remaining 3 bighas and 8 biswas not in DDA’s possession, the Supreme Court directed the Delhi Government to take action, as this land falls outside the scope of the PM-UDAY scheme and remains encroached.

The original contempt plea was withdrawn by the petitioner. Despite that, the Supreme Court has decided to continue treating the matter suo motu, ensuring ongoing judicial scrutiny into illegal encroachments on public land.

Shock and Distrust Among Residents while “Builders Have Disappeared”

In the wake of the order, residents living in nearby apartments, particularly those near Khalilullah Masjid, claimed they were completely unaware of any Supreme Court case involving their homes. Several expressed shock, saying they had been living in the area for decades and had purchased their flats after verifying documents , only to be blindsided now, with many alleging that builders have vanished after selling off the units.

“We didn’t receive any notice. If such actions are taken, we are ready to approach the courts. We’ve been living here for decades,” said one local resident.

Another political leader who recently bought a flat in the locality said on condition of anonymity, “We purchased our flats after thoroughly checking the property chain documents… There was never any mention of an SC case or illegal land.”

A local leader also expressed disappointment, highlighting that residents had repeatedly been warned about purchasing property on illegal and disputed plots scattered across Jamia Nagar. Many of these lands are tied to old demarcations of the Okhla Canal and are still claimed by the Uttar Pradesh Irrigation Department. Despite such alerts, residents continued to fall prey to unscrupulous builders, resulting in the current crisis.

Much of the confusion stems from the Okhla Canal , also known as the Agra Canal , constructed by the British in 1874 to irrigate lands in Uttar Pradesh. While the Okhla Barrage lies within Delhi, the adjoining canal system is maintained by the UP Irrigation Department, which still retains jurisdiction over parts of the disputed land.

Recent Demolitions in Taimoor Nagar and Khizrabad

The current fear isn’t without any reason.  Just days ago, demolition drives in over 700 years old Taimoor Nagar and Khizrabad ,  also part of the Okhla area ,  led to over 100 homes being bulldozed near the drain by the DDA. Many of these homes were constructed more than 40 to 50 years ago.

These events have shaken the community. Both the DDA and the Delhi Government have been ordered to file compliance affidavits within three months. As Jamia Nagar residents face growing uncertainty, the Court has offered a narrow legal hope for the residents ,  the right to challenge demolition notices in court. Residents are waiting for pasting ‘demolition notices’ on their doors. With many families having lived in the area for about four decades, they would move in the court against this looming demolitions.

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