Delhi HC issues notice to Railway, DUSIB on PIL against notice for demolition of settlement colony on track
The division bench of Justices Tejas Karia and Rajneesh Kumar Gupta on Monday issued notice to Northern Railways and the Delhi Urban Shelter Improvement Board (DUSIB).
The High Court has granted them one week to file their affidavits. Delhi Development Authority (DDA) has also been impleaded as a respondent at the oral request of the counsel for the petitioner.
After issuing notices, the matter was listed for a hearing on July 3, 2025. NGO Shine Women Welfare Association has moved a public interest litigation (PIL) seeking quashing of demolition notices of May 19, 2025 and June 05, 2025.
It has also sought an order to provide rehabilitation to the affected parties before taking any coercive action against Chander Shekhar Azad Colony residents.
During the earlier hearing, the counsel for Northern Railways showed certain photographs supporting the submission that the illegal encroachments along the railway tracks are so dangerous.
A number of those constructions obstruct visibility and traffic signals, which can cause a serious risk of train accidents, the counsel said.
Almost all structures across the railway track are built up to the first floor, and there is not sufficient distance between those structures and the railway track, the council added. It was also submitted that the demolition action is being carried out under the directions passed by a Division Bench of this Court in another petition.
Counsel for DUSIB submitted that even according to the policy sought to be invoked by the petitioner, no protection can be granted where the demolition action is being carried out on the basis of a judicial order.
A PIL has been moved through advocates Anuradha Singh and Rishi Nandy. The petitioner has stated that this notice calls for the eviction of residents of Chander Shekhar Azad Colony, Wazirpur Industrial Area, citing safety hazards to railway operations.
The demolition drive began on June 2, 2025. Counsel Anuradha Singh contended that these demolitions are being carried out arbitrarily, without any form of rehabilitation, in violation of Article 21 of the Constitution, and contrary to established legal and policy safeguards.
The plea said the settlement, comprising more than 3000 houses, is officially listed at Serial No 100 in the Delhi Urban Shelter Improvement Board (DUSIB) list of 675 JJ Bastis.
It added that most residents are engaged in low-income occupations such as domestic work, vending, and daily wage labour.
A joint survey was conducted in 2015 by the Respondents, during which the residents submitted necessary documents to establish their eligibility for rehabilitation under the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015, the plea stated. (ANI)
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