In a significant ruling, the Delhi High Court has dismissed a petition filed to stop the demolition of a Pakistani-Hindu refugee camp located at Majnu Ka Tila. The plea, filed by Ravi Ranjan Singh, had urged the Court to direct the Delhi Development Authority (DDA) to halt any action until alternative land was allotted. However, the Court ruled that the refugees had no lawful right to occupy the land.
"The petitioner and other similarly placed refugees have no right to continue to occupy the area in question,” the Court stated.
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Justice Dharmesh Sharma, who pronounced the judgment, highlighted that the land in question lies in Zone 'O' of Delhi — the Yamuna floodplains — which are ecologically sensitive and fall under restricted zones for habitation.
The Court further emphasized that even Indian citizens cannot claim alternate land allotments as a matter of right in such restricted areas.
“Even Indian citizens cannot claim alternate allotment as an absolute right, particularly in cases where the land falls under specially prohibited areas like the Yamuna floodplains,” said the Court.
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The Court vacated an earlier interim order dated March 13, 2024, which had restrained DDA from taking any coercive action against the refugees. The dismissal came after DDA highlighted binding orders from the National Green Tribunal (NGT), which required the removal of all encroachments from floodplain areas to protect the ecology of the Yamuna River.
The plea had also requested the construction of embankments along the river, similar to those near Akshardham Temple and the Commonwealth Games Village, to protect refugee settlements. However, the Court rejected this plea, asserting that the preservation of Yamuna's ecology must take priority.
“No interference with the ongoing restoration and rejuvenation efforts of the river can be countenanced at the petitioner’s instance,” the Court remarked.
The bench acknowledged the humanitarian concerns but stressed that it could not form or enforce government policy.
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Referring to the Citizenship Amendment Act (CAA) 2019, the Court advised the refugees to apply for Indian citizenship through online procedures provided under the Act.
“The aggrieved refugees shall be deemed citizens of India and would be able to enjoy all rights and benefits available to any ordinary citizen,” the Court noted.
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Despite repeated efforts by the Court to coordinate with the Union of India and other authorities for rehabilitation and relocation, the matter saw bureaucratic delays. The Court criticized the lack of action from the Ministry of Home Affairs and Ministry of Housing and Urban Affairs, calling it a case of “bureaucratic buck-passing.”
Ultimately, the Court concluded that it was not within its power to draft policies for refugee rehabilitation and urged the authorities to act per existing laws and environmental directives.
Title: RAVI RANJAN SINGH v. DELHI DEVELOPMENT AUTHORITY & ANR
