NEW DELHI: The Delhi HC has temporarily stopped the Uttar Pradesh Irrigation Department from going ahead with the eviction or demolition of 115 properties in the Okhla area. This decision was made on Friday after the court received petitions from the affected residents.
Justice Sachin Datta listened to arguments presented by the petitioners’ lawyer and issued a notice to the Uttar Pradesh Irrigation Department, asking them to respond to the matter. The next hearing has been scheduled for August 4.
The petitioners, represented by Advocate Dr Farrukh Khan, argued that the notices for eviction and demolition, issued on 22 May, were unjust and unlawful. They claim the department does not legally own the land in question.
The lawyer urged the court to prevent the department and its officials from pressuring the residents to leave or tear down their homes and shops, located on Khasra No. 277, along Muradi Road in Khizar Baba Colony, Jamia Nagar, Okhla.
A total of 115 people, including Javed Ahmed, filed the petition against the State of Uttar Pradesh and the Head Works Division of Agra Canal, Okhla. According to the petition, the land has been in use for both residential and commercial purposes for several years.
Many of the occupants have lived or worked there for a long time and claim to have stable and settled possession of their properties.
The petition also refers to an earlier civil case from 1991, filed by the State of Uttar Pradesh against various individuals, including Javed Ahmed. In that case, the state asked for the land back and demanded compensation (mesne profits) for Khasra No. 277, covering over 108 bighas in Okhla.
However, on December 13, 2005, the civil court dismissed the case because the government failed to present any valid documents proving ownership of the land.
The decision was upheld by higher courts, including a district court on 13 January 2011 and the HC on July 22, 2013, which rejected the state’s appeal. Since then, more than 12 years have passed, and the State of UP has not taken any further legal steps to challenge those court rulings. As a result, the original court’s decision has become final.
