In a significant ruling, the Delhi High Court has affirmed that the rights of lawful residents must be prioritized over individuals who have encroached upon public land. This decision was issued while hearing a plea challenging a demolition drive aimed at clearing encroachments blocking the Taimoor Nagar Drain in Delhi.
A division bench comprising Justices Prathiba M. Singh and Manmeet Pritam Singh Arora observed, “The rights of lawfully residing residents of the area and adjoining colonies, who are entitled to habitable and flood-free living conditions, would have precedence in comparison with persons who have encroached and built unauthorised tenements on public land – that too with modern facilities.” The court emphasized the urgent need for expanding the drain, especially with the monsoon season approaching.
The case was initiated by a petition filed by a Cooperative Housing Society, which highlighted the problem of frequent flooding in the area due to alleged encroachments on the drain. In response, an application was submitted by fourteen families claiming to reside in jhuggis (slum dwellings) in the area, requesting rehabilitation or suitable alternative accommodation before any demolition.
However, the Delhi Development Authority (DDA) submitted that none of the applicants were eligible for rehabilitation under the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015, as they did not belong to recognized jhuggi clusters. The Court acknowledged this position and focused on the severe issues of waterlogging and flooding faced by the authorized residents of the Taimoor Nagar area, directly resulting from the unauthorized constructions.
Upon examining the photographic evidence presented, the Court confirmed that the applicants had unlawfully built permanent structures (pucca houses) on public land, obstructing the natural flow of the drain. It was also established that none of the applicants held any legal title to the occupied land, and their structures were unauthorized encroachments.
As a result, the Court permitted the demolition drive to begin on May 05, allowing the applicants one day to vacate the premises. The Court issued clear instructions ensuring a humane approach during the demolition process, stating, “During the course of demolition, if there are any elderly persons, women, and children, they shall be allowed to remove their belongings in a peaceful manner without causing any law and order issue.”
During the hearing, the Court also addressed the issue of temporary shelter for the affected residents. It noted that the unauthorized occupants could seek temporary refuge in night shelters or rain baseras. However, the Delhi Urban Shelter Improvement Board (DUSIB) informed the Court that night shelters are provided on a first-come, first-served basis, raising concerns about the accommodation capacity.
Expressing dissatisfaction with DUSIB’s response, the Court stated, “This Court notes with some concern that the DUSIB in general is having an attitude of non-cooperation in these matters. It shall be the responsibility of the DUSIB to ensure that the night shelters are provided adequately to these families, failing which the Court would have no option but to take action against the concerned officials of the DUSIB.”
The matter is now scheduled for the next hearing on May 26, with the Court maintaining a vigilant approach to ensure that lawful residents are protected from the adverse impacts of unauthorized encroachments.
Appearance: Mr. A.N. Haksar, Sr. Adv. with Mr. Udayan Jain, Mr. Ranjan Mishra and Mr. Harsh Jaiswal, Advs for Petitioners; Ms. Prabhsahay Kaur (Standing Counsel DDA), Ms. Deeksha L. Kakar (Panel Lawyer, DDA), Mr. Aditya Verma, Adv., Ms. Kavya Shukla, Adv., Mr. Rashneet Singh, Adv. Ms. Sana Parveen, Adv. Officers Present: Ashutosh (Executive Engineer), Gaurav Meena (AE), Vikash (AD), Vishnu Kumar JSA PM-UDAY, Vimal Kumar JSA PM-UDAY. Mr. Pawan Reley, Mr. Akshay Lodhi, Mr. Gaurav Kumar, Mr. Kashif Athar, Ms. Simran Singh & Mr. Tanish Rawat, Advs. for Applicants; Mr. Anuj Chaturvedi, Adv. for DUSIB.
Case title: Maharani Bagh Co-Operative House Building And Welfare Society Ltd., & Anr. v. Union of India & Ors.
Case no.: W.P.(C) 13190/2024
