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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.
Time of India
2 days ago
- Politics
- Time of India
Pak Hindu refugees in Delhi discuss future as eviction looms
New Delhi: Pakistani Hindu refugees from various Delhi settlements, fearing eviction, held a large panchayat to discuss their future. These Sindhi Hindu families, who fled religious persecution in Pakistan and were granted Indian citizenship last year, now feel betrayed. Tired of too many ads? go ad free now They live in five camps across Delhi, including part of Majnu Ka Tila near the Yamuna floodplain. Though no eviction notices have been issued by DDA, the community learned through the media about a recent high court ruling allowing the clearance of the Majnu Ka Tila settlement. "Where will we go? We were running, fleeing for our lives, and India is the only nation where we, as Hindus, could find safety. Now, even if we won't find a place to live here, where are we supposed to go? We don't have much education, cannot afford a lawyer, and were living off the help of our Hindu brothers here. Somehow, we managed to earn a living here, managed to send our children to school, to give them a life that we could never dream of. Now, this decision of the court has come as a knife to our hearts," said Sukhnandan, pradhan of Majnu Ka Tila, who came to India in 2012 and settled on vacant land next to a gurdwara. At the meeting, and a heated one, held at another settlement on the Yamuna floodplain near Signature Bridge, high-pitched discussions were on. Representatives from all six settlement camps in Delhi — Majnu Ka Tila, Signature Bridge, Adarsh Nagar, Bhatti Mines, Rohini Sector 11 and Rohini Sector 25 — had gathered there to discuss future action. They plan to meet chief minister Rekha Gupta to explore resettlement options. Last year, the community secured a temporary stay from the high court when eviction notices were first served, but the court recently upheld the DDA's eviction order. Tired of too many ads? go ad free now "The new reports say that we will be evicted from the floodplain. That's two of our camps. It does not talk about our rehabilitation. We will seek time from Delhi's CM tomorrow, if required, even hold protests," said Dharamveer Bagri, another settler at Majnu Ka Tila, who hailed from Hyderabad in Sindh, Pakistan. Last July, days after some of them were granted citizenship, Delhi Development Authority issued the camp dwellers a notice, asking them to vacate their houses in 24 hours, pending a demolition drive scheduled for July 13 and 14. DDA's notice stated that the land was part of the Yamuna floodplain and all encroachments on river land adjacent to the gurudwara were ordered to be cleared by the National Green Tribunal. In an order dated May 30 by Justice Dharmesh Sharma, the court observed that it had earlier asked the Union of India, DDA, etc., to relocate and rehabilitate refugees on Yamuna floodplain. The court, however, noted that the effort bore no fruit. It also said that the court cannot undertake the exercise of framing a policy to ameliorate the plight of refugees.
Time of India
3 days ago
- Politics
- Time of India
Delhi High Court dismisses plea against demolition of Pakistani Hindu refugee camp
New Delhi: dismissed a petition seeking a direction to Delhi Development Authority not to disturb or demolish the Pakistani Hindu refugee camp at Majnu ka Tilla until an alternative piece of land is allotted to the residents. Tired of too many ads? go ad free now A single-judge bench of Justice Dharmesh Sharma observed that the Pakistani refugees could not be rehabilitated under the DUSIB policy due to their foreign nationality status. "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," it said. The court rejected the plea filed by Ravi Ranjan Singh, stating that he and other similarly placed refugees have no right to continue occupying the area. It vacated the interim relief granted in March last year. Singh also requested that DDA be directed to make embankments along the Yamuna so that such colonies and religious structures might be protected, as was the case with the Akshardham temple and Commonwealth Games Village, and that the sanctity of the river might also be maintained. The court impressed upon the petitioner and the other refugees to first acquire Indian citizenship under Section 10A of . It added that the aggrieved parties could approach the member secretary, Delhi State Legal Services Authority, for help. The court observed that even Indian citizens couldn't claim alternate allotment as an absolute right, particularly in cases concerning specially prohibited areas like zone O of Delhi, i.e., Tired of too many ads? go ad free now the Yamuna floodplain. The bench noted the camp was situated on the Yamuna floodplain and National Green Tribunal had directed to several govt agencies to repossess such areas and take steps to restore the river's ecological health. The court further added that its efforts to engage with the authorities to facilitate the refugees' rehabilitation didn't succeed due bureaucratic buck-passing, particularly on the part of Centre.
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.
Indian Express
4 days ago
- Politics
- Indian Express
Delhi HC dismisses rehabilitation plea by Pakistani Hindu refugees, flags ‘bureaucratic buck-passing' by Centre
The Delhi High Court Friday dismissed a petition seeking the court's direction to the Delhi Development Authority (DDA) not to demolish or disturb the Pakistani Hindu refugee camp comprising around 800 people at Majnu ka Tilla, till some alternative piece of land is allotted in view of the Citizenship Amendment Act, 2019. The court, though, noted that its attempts at facilitating the rehabilitation of the refugees were met with 'bureaucratic buck-passing, particularly by Union of India.' The area concerned falls in Zone 'O' of the Master Plan Delhi, 2021. In March 2024, the Delhi HC, as an interim relief, had restrained DDA from taking any coercive action. While dismissing the petition on Friday, Justice Dharmesh Sharma vacated the stay. Notably, the Ministry of Home Affairs (MHA), in an affidavit on May 20, had told the court that the Citizenship Amendment Act, 2019, enables grant of Indian citizenship to foreigners who belong to Hindu, Sikh, Buddhist, Jain, Parsi or Christian communities from Afghanistan, Pakistan and Bangladesh and entered India on or before 31.12.2014, and in view of the same 'no further intervention is required from the side of Ministry of Home Affairs for framing any larger policy or guidelines for rehabilitation of these Pakistani Hindu migrants.' In light of MHA's stance, Justice Sharma held that 'Pakistani refugees cannot be rehabilitated under the DUSIB (Delhi Urban Shelter Improvement Board) Policy on account of their foreign nationality status.' '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,' Justice Sharma recorded, noting that the refugee camp is situated in the Yamuna floodplains area. Also taking into account the 'fundamental human right to a clean and healthy environment for the residents of Delhi and future generations', the court observed, '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. This stance holds irrespective of any humanitarian or sympathetic considerations advanced before the Court, as such indulgence would inevitably obstruct and delay the timely and effective implementation of the aforementioned public projects.' Justice Sharma concluded, '…this Court made sincere efforts 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. Nevertheless, this Court cannot undertake the exercise of framing a policy to ameliorate the plight of the refugees.'
