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Hindustan Times
a day ago
- Politics
- Hindustan Times
Pak Hindu refugee camp faces demolition as Delhi HC rules in favour of Yamuna floodplains
The Delhi High Court has refused to intervene in the demolition of a Pakistani Hindu refugee camp at Majnu Ka Tila, saying it was situated in the ecologically sensitive Yamuna floodplains, which must be protected. Justice Dharmesh Sharma on May 30 dismissed the petition in relation to 800 such refugees from the neighbouring country, which also sought directions to the authorities for alternate accommodation. The court observed that protection of the floodplains aimed to secure the fundamental human right to a clean and healthy environment for Delhi residents and future generations. The verdict said it even Indian citizens could not claim alternate allotment as an absolute right in cases where the occupied land fell in prohibited areas like the Yamuna floodplains. Refugees, it said, had no right to continue to occupy the area as the government of India made no promises to them on providing an allotment or alternate accommodation. Support and assistance were provided to the limited extent that their respective applications for the grant of a "Long Term Visa" could be submitted successfully and decided by the Ministry of Home Affairs as expeditiously as possible, it added. The court, however, recorded its "sincere efforts" to engage with the authorities to facilitate the rehabilitation and relocation of the refugees in vain", seemingly due to a classic case of bureaucratic buck-passing, particularly on the part of the Centre. "Nevertheless, this court cannot undertake the exercise of framing a policy to ameliorate the plight of the refugees. The present writ petition is accordingly dismissed," the court said. The judgment said no doubt protecting the ecologically sensitive Yamuna floodplains was necessary not only from an environmental standpoint but also in line with the categorical directions of the Supreme Court, the NGT, and the high court. "These directives aim to preserve ecological integrity and secure the fundamental human right to a clean and healthy environment for the residents of Delhi and future generations. Given the critical condition of the Yamuna River, this court unhesitatingly finds that no interference with the ongoing restoration and rejuvenation efforts of the river can be countenanced at the petitioner's instance," it said. The court said that under the Delhi Slum & JJ Rehabilitation and Relocation Policy of the Delhi Urban Shelter Improvement Board, Pakistani refugees could not be rehabilitated on account of their foreign nationality status. Refugees, it noted, were to first acquire Indian citizenship by way of registration or naturalisation under Section 10A of the Citizenship Amendment Act, 2019. "Needless to state, the effect of the acceptance of such an application would be that the aggrieved refugees shall be deemed citizens of India and would be able to enjoy all rights and benefits available to any ordinary citizen of India," the court said. The petitioner moved the high court after a public notice dated March 4, 2024, was pasted in the area asking the residents to vacate their dwellings by March 6, 2024, failing which the DDA would demolish their camp. The petitioner argued that the Pakistani Hindu Refugees had been living in Majnu Ka Tilla for several years, with basic facilities being provided by the authorities. The court initially granted interim relief to the petitioner and restrained DDA from taking any coercive action.
The Hindu
2 days ago
- Politics
- The Hindu
Tamil Nadu government offers help to residents of Madrasi Camp in New Delhi to return to the State
The Tamil Nadu government has decided to lend a hand to residents of Madrasi Camp in New Delhi, whose unauthorised houses on the bank of the Barapullah drain are to be demolished by the Delhi Development Authority (DDA). An official release said the State government, as directed by Chief Minister M.K. Stalin, would help the residents return to their native districts, if they chose to do so. They would be given comprehensive support, including assistance for livelihood, through the Collectors, it said. The Tamil Nadu House in New Delhi was tasked with reaching out to the residents. The government was coordinating with them to ensure that they got help without delay, it said. Madrasi Camp is an informal habitation along the bank of the Barapullah Jangpura drain, near Nizamuddin Railway Station in South Delhi. It has 370 slum dwelling units. The settlement is predominantly inhabited by persons of Tamil Nadu origin. The Delhi High Court had noted that Madrasi Camp was an 'unauthorized construction/encroachment' that had led to the obstruction and blockage of the Barapullah drain, 'causing significant waterlogging in the surrounding areas, especially during the monsoon'. It had directed that eligible residents be rehabilitated and relocated under the Delhi Urban Shelter Improvement Board Act and the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015. In compliance with this ruling, a comprehensive survey was done by a committee to assess the eligibility of the residents for rehabilitation and relocation. The Delhi Urban Shelter Improvement Board has determined that 215 out of the 370 residents are eligible for allotment of residential units under the economically weaker section category at Narela. On May 9 this year, all petitions filed by the residents were disposed of by the Delhi High Court, which ordered the commencement of demolition at Madrasi Camp from June 1. The Tamil Nadu government said, 'All legal avenues available to the residents of Madrasi Camp for retaining the unauthorised constructions at the site have been duly exhausted.'
New Indian Express
3 days ago
- Politics
- New Indian Express
Tamil Nadu government offers support to families in Delhi's Madrasi Camp who wish to return to their native districts
The Tamil Nadu House in New Delhi has been tasked with actively facilitating and overseeing coordination efforts. 'Reaffirming its unwavering commitment to the welfare of persons of Tamil Nadu origin residing outside the State, the Tamil Nadu government is in active coordination with the residents of Madrasi Camp to ensure that every possible support is extended to them without any delay,' the release added. The Madrasi Camp is a settlement comprising 370 slum dwellings and is predominantly inhabited by persons of Tamil Nadu origin. The Delhi HC directed that eligible residents be rehabilitated and relocated under the provisions of the Delhi Urban Shelter Improvement Board (DUSIB) Act and the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015. The Delhi Urban Shelter Improvement Board has determined that 215 out of the 370 residents are eligible for allotment. Accordingly, these eligible beneficiaries have been allotted residential units under the Economically Weaker Section (EWS) category of the Delhi Development Authority (DDA) located in Narela, Delhi. Furthermore, all legal petitions filed by the residents of Madrasi Camp have been adjudicated and disposed of by the Delhi HC on May 9, and the order mandated the commencement of demolition activities at Madrasi Camp on June 1. All legal avenues available to the residents of Madrasi Camp for retaining the unauthorised constructions at the site have been duly exhausted.
Hindustan Times
3 days ago
- Politics
- Hindustan Times
Delhi HC rejects plea to halt razing of Pak Hindu refugee camp
Pakistani Hindu refugees cannot be entitled to seek alternate accommodation as a matter of legal right on account of their foreign nationality, the Delhi high court has held Dismissing a petition by the refugees seeking to restrain the Delhi Development Authority (DDA) from demolishing a refugee camp at Majnu Ka Tilla, until their resettlement on an alternative land, a bench of justice Dharmesh Sharma said that the petitioners cannot rely on May 2013 direction of the Centre to seek alternate accommodation as a matter of legal right. The court was hearing a plea filed by an activist Ravi Ranjan Singh against the proposed demolition of a refugee camp by DDA. Taking up the cause of approximately 800 Hindu refugees from Pakistan, Singh urged the court to restrain DDA from demolishing the camp, until they were allowed an alternate land to reside in view of government's policy to give shelter to non-Muslim minorities from countries such as Pakistan, Afghanistan and Bangladesh as per the Citizenship Amendment Act. He further asserted that the primary responsibility to accommodate the said refugees rests on the Centre's shoulders, as the plea relied on the Centre's May 2013 statement on extending support to the Hindu community which came to India from Pakistan. 'This Court has no hesitation in holding that the petitioner herein is not entitled to the reliefs sought by way of the present petition. First and foremost, the order dated 29.05.2013 passed in Nahar Singh case does not contain any direction to suggest that an alternate accommodation was promised to the said group of refugees by the Government of India, or that they were entitled to such allotment, thus, the petitioner herein cannot seek alternate accommodation as a matter of legal right,' the court opined. Additionally, the order stated that even under the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015, any person sought to be relocated and rehabilitated must first and foremost be a citizen of India to become eligible for the allotment of alternate dwelling units. 'In view of the aforesaid, the position that emerges is that the Pakistani refugees cannot be rehabilitated under the DUSIB Policy on account of their foreign nationality status. The petitioner and other similarly placed refugees have no right to continue to occupy the area in question,' the order said. DDA in March last year asked the residents to vacate the camp, failing which it will be demolished by the authority concerned. On March 12, the high court by way of an interim order restrained DDA from demolishing the camps. DDA, represented by advocate Prabhsahay Kaur, submitted that the National Green Tribunal on January 29 this year directed removal of all the encroachment on the Yamuna Flood Plain Zone adjacent to South of Gurdwara Majnu ka Tila on Yamuna River Belt. A cost was also imposed on DDA, and thus the civic authority was bound to follow the judicial orders, the advocate said. Taking note of the fact that the land fell under the Yamuna floodplains, justice Sharma said, 'It is undeniable that even Indian citizens cannot claim alternate allotment as an absolute right, particularly in cases where the land they occupy falls under specially prohibited areas like Zone 'O' of Delhi, i.e., the Yamuna floodplains. Given the critical condition of the Yamuna River, this court unhesitatingly finds that no interference with the ongoing restoration and rejuvenation efforts of the river can be countenanced at the petitioner's instance.' While dismissing the plea, the court also vacated its interim order and impressed upon the refugees to acquire Indian citizenship, which would enable them to enjoy rights and benefits available to any ordinary Indian citizen. 'Needless to state, the effect of the acceptance of... (citizenship) application would be that the aggrieved refugees shall be deemed citizens of India and would be able to enjoy all rights and benefits available to any ordinary citizen of India,' the court said.
Time of India
6 days ago
- Politics
- Time of India
Delhi High Court says encroachers can't claim right to occupy public land during rehab
New Delhi: Delhi High Court recently ruled that encroachers cannot claim the right to occupy public land while their rehabilitation claims are being processed, as this would hinder public projects. A single-judge bench of Justice Dharmesh Sharma emphasised that eligibility for rehabilitation is separate from eviction proceedings. "There is no gainsaying that the petitioners have no vested right to seek rehabilitation as it is not an absolute constitutional entitlement available to encroachers such as themselves. The right to rehabilitation arises solely from the prevailing policy, which binds the petitioners. The determination of eligibility for rehabilitation is a separate process from the removal of encroachers from public land," the bench said in its 60-page judgment on May 26. The court dismissed petitions seeking to halt demolition and eviction in the Bhoomiheen Camp jhuggi clusters in Govindpuri, noting that Delhi Development Authority's actions complied with the 2015 policy guidelines. The petitioners also sought a direction to DUSIB to conduct a comprehensive survey of the affected residents and to rehabilitate them in accordance with the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015. The bench observed that the measures implemented by DDA in the case were in accordance with the guidelines in the policy. The court noted that DDA's position that the Oct 2019 survey was conducted in the presence of the jhuggi occupants, was video-recorded, and utilised a mobile application to ensure accuracy, cannot be challenged in the proceedings in question. The bench said that in adherence to the rehabilitation and relocation process, DDA carried out a survey of the camp and that a notice was prominently displayed at multiple locations within the JJ cluster, informing people about the start of the survey. "Notably, the jhuggis do not have structured numbering assigned by civic authorities, but rather bear arbitrary, self-assigned numbers by occupants, resulting in a disorganised layout. This circumstance makes locating any specific jhuggi by number inherently challenging. This court finds merit in the plea of DDA that the petitioners' allegation of an improper survey process lacks any basis and goes beyond the pleadings in the instant writ petitions," the court said.
