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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.
Scroll.in
3 days ago
- Politics
- Scroll.in
Delhi HC rejects petition to halt demolition of Pakistani Hindu refugee camp in Majnu Ka Tila
The Delhi High Court has rejected a petition seeking to stop the Delhi Development Authority from demolishing a camp set up by Hindu refugees from Pakistan in the national capital's Majnu Ka Tila area along the Yamuna river till an alternative plot of land is allotted to the residents. Justice Dharmesh Sharma on Friday dismissed a petition by a person named Ravi Ranjan Singh seeking orders to the authority to allot the refugees a different plot as per the Delhi Slum and Jhuggi Jhopri Rehabilitation and Relocation Policy before demolishing their tenements. This policy aims to provide permanent in-situ housing to slum dwellers in Delhi. Singh, in his petition, also sought directions for embankments to be built along the Yamuna to protect the camp, which houses around 800 residents, and the other similar tenements and religious structures in the area, while also maintaining the sanctity of the river, Live Law reported. The petitioner noted that the Citizenship Amendment Act was framed with the idea of providing citizenship to non-Muslim refugees from neighbouring countries to help them escape religious persecution, The Hindu reported. The Act is aimed to provide a fast track to citizenship to refugees from six minority religious communities, except Muslims, from Bangladesh, Afghanistan and Pakistan, on the condition that they have lived in India for six years and have entered the country by December 31, 2014. In Friday's order, the court said that Pakistani refugees cannot be rehabilitated under the Delhi Slum and Jhuggi Jhopri Rehabilitation and Relocation Policy 'on account of their foreign nationality status'. The judge told the petitioner as well as the other refugees to firstly acquire Indian citizenship by way of registration or naturalisation by submitting an application under the Citizenship Amendment Act. '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 order said. The judge, however, said that even Indian citizens could not claim alternate allotment as an 'absolute right', particularly in cases where the land they occupied fell under specially prohibited areas like Zone 'O' in Delhi, which refers to the floodplains along the Yamuna. 'At the cost of repetition, it is an admitted position that the camp set up by the refugees in question is situated in the Yamuna floodplains area,' the court said, further citing a 2015 order by the National Green Tribunal directing governmental agencies to repossess areas in the floodplains that were under unauthorised occupation and take steps to restore the ecological health of the Yamuna. '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,' Sharma said. He added that 'this stance holds irrespective of any humanitarian or sympathetic considerations advanced before the court' as it would obstruct and delay the implementation of public projects. The order added that the court had attempted to engage with the concerned authorities to facilitate the rehabilitation and relocation of the refugees. 'However, these efforts have been unfruitful, seemingly due to a classic case of bureaucratic buck-passing, particularly on the part of the respondent no. 2/Union of India,' it said. 'Nevertheless, this court cannot undertake the exercise of framing a policy to ameliorate the plight of the refugees.' The court vacated an interim order passed on March 13, 2024. This had granted Singh interim relief in the matter and issued directions to the Delhi Development Authority to refrain from taking any coercive action against him, Live Law reported.
New Indian Express
3 days ago
- Politics
- New Indian Express
Plea to halt demolition of refugee camp rejected
NEW DELHI: The Delhi HC has turned down a plea asking the Delhi Development Authority not to remove or demolish a refugee camp set up by Pakistani-Hindu migrants at Majnu Ka Tila, unless they are first given another place to live. Justice Dharmesh Sharma, who delivered the verdict on May 30, made it clear that the petitioner, Ravi Ranjan Singh, and others living in similar conditions, have 'no right to continue to occupy the area in question.' The Court also lifted the interim protection it had granted on March 13 last year, which had barred the DDA from taking action against Singh. The refugee settlement in question lies in the Yamuna floodplains, a highly sensitive ecological zone. The Court noted that the National Green Tribunal (NGT) has already given clear instructions to government bodies like the DDA to reclaim such areas from illegal occupation and to begin work on restoring the Yamuna's ecological health.
The Hindu
3 days ago
- Politics
- The Hindu
Delhi HC bins plea against demolition of tenements of Hindu refugees from Pakistan
The Delhi High Court has rejected a plea seeking a stay on the proposed demolition of an illegal colony set up by Hindu refugees from Pakistan along the Yamuna river in north Delhi till an alternative plot of land is allotted to the affected people. The court also vacated an interim stay it had granted on March 12 against the demolition. Justice Dharmesh Sharma on Friday rejected the plea filed by a man named Ravi Ranjan Singh, seeking orders to the Delhi Development Authority (DDA) to allot the refugees a different spot in the city as per the provisions in the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015, before demolishing their tenements. Mr. Singh argued that the Citizenship (Amendment) Act (CAA) was framed with the idea of providing Indian citizenship to non-Muslim refugees from the neighbouring countries, to help them escape religious persecution. 'Must be a citizen' However, the court said that it 'has no hesitation in holding that the petitioner is not entitled to the reliefs sought by way of the present petition' because to be eligible to avail of the provisions of the Delhi government policy, the person seeking relief 'must first and foremost be a citizen of India'. 'On account of their nationality, the Pakistani refugees cannot be rehabilitated under the DUSIB policy,' it added. The court asked the petitioner, as well as the other refugees, to first acquire Indian citizenship, adding that it could 'be done online with ease' and asked the Delhi State Legal Service Authority to help the refugees to comply with the necessary legal formalities. Remarks against Centre The court added 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'. Justice Sharma also made observations regarding the court's attempts to engage with the concerned authorities to facilitate the rehabilitation and relocation of the refugees, saying all its 'efforts have been unfruitful, seemingly due to the classic case of bureaucratic buck-passing, particularly on the part of the Union of India'. The judge added, 'Nevertheless, this court cannot undertake the exercise of framing a policy to ameliorate the plight of the refugees.'
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.
