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Delhi HC issues notice to Railway, DUSIB on PIL against notice for demolition of settlement colony on track
Delhi HC issues notice to Railway, DUSIB on PIL against notice for demolition of settlement colony on track

India Gazette

time17-06-2025

  • Politics
  • India Gazette

Delhi HC issues notice to Railway, DUSIB on PIL against notice for demolition of settlement colony on track

New Delhi [India], June 17 (ANI): The Delhi High Court has issued notice to Northern Railways and others in a Public Interest Litigation (PIL) against the demolition notice for a settlement colony (Chander Shekhar Azad) constructed along the railway track in the Wazirpur area. 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)

Rubble, relocation and unkept promises
Rubble, relocation and unkept promises

New Indian Express

time09-06-2025

  • New Indian Express

Rubble, relocation and unkept promises

On the morning of June 1, bulldozers rolled into Madrasi Camp in South Delhi's Jangpura and began tearing through homes that had been painstakingly built over six decades. Within hours, what had once been a tight-knit, working-class settlement of 370 Tamil-origin families was reduced to mere rubble. The demolition was carried out by the Public Works Department, under the supervision of the Delhi Police, the Revenue Department, and the Delhi Urban Shelter Improvement Board (DUSIB), following a May 9 order by the Delhi High Court. The court had deemed the settlement an 'unauthorised encroachment' on public land, obstructing drain cleaning efforts near the Barapullah drain. The court directed that rehabilitation be provided as per the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015. The demolition, the court stated, was essential to prevent potential flooding during the monsoon season. Yet, a week after the demolition, the reality that emerges is not one of successful relocation or resettlement but one marked by dislocation, distress and disillusionment.

Encroachers can't claim right to continue occupying public land: Delhi High Court
Encroachers can't claim right to continue occupying public land: Delhi High Court

Time of India

time08-06-2025

  • Politics
  • Time of India

Encroachers can't claim right to continue occupying public land: Delhi High Court

The Delhi High Court has held that encroachers cannot claim a right to continue occupying public land till their rehabilitation claims are not resolved, as this would unduly impede public projects. The high court made the observation while granting liberty to the DDA to proceed with the demolition action at Bhoomiheen Camp in South Delhi's Kalkaji in accordance with law. Justice Dharmesh Sharma said the writ petitions were not only flawed due to the misjoinder of multiple parties with multiple causes of action, but also failed to meet the essential threshold provided by the Delhi Slum and JJ Rehabilitation and Relocation Policy for being considered eligible for relocation and rehabilitation. "None of the petitioners have any legal right to continue occupying the JJ cluster incessantly, to the detriment of the public at large," the court said in its order passed on June 6. The court passed the judgment on a batch of petitions, involving around 1,200 people, seeking direction to the Delhi Development Authority (DDA) to suspend any further demolition activity, maintain the status quo at the site, and refrain from physically evicting the petitioners from their respective 'jhuggi jhopri' clusters. Live Events The petitioners also sought a direction to the DUSIB to conduct a proper and comprehensive survey of the affected residents and rehabilitate them in accordance with the 2015 policy. The high court said there can be no gainsaying that the petitioners have no vested right to seek rehabilitation, as it is not an absolute constitutional entitlement available to encroachers such as themselves. "The right to rehabilitation arises solely from the prevailing policy that binds them. The determination of eligibility for rehabilitation is a separate process from the removal of encroachers from public land. "Encroachers cannot claim a right to continue occupying public land pending the resolution of their rehabilitation claims under the applicable policy, as this would unduly impede public projects," it said. The court, however, allowed rehabilitation of some of them and directed the DDA to allocate the EWS category flats. The nearly three-decades-old slum cluster at Bhoomiheen Camp was home to migrants from Uttar Pradesh , Bihar, and West Bengal , among others.

Encroachers can't claim right to continue occupying public land: Delhi HC
Encroachers can't claim right to continue occupying public land: Delhi HC

News18

time08-06-2025

  • Politics
  • News18

Encroachers can't claim right to continue occupying public land: Delhi HC

New Delhi, Jun 8 (PTI) The Delhi High Court has held that encroachers cannot claim a right to continue occupying public land till their rehabilitation claims are not resolved, as this would unduly impede public projects. The high court made the observation while granting liberty to the DDA to proceed with the demolition action at Bhoomiheen Camp in South Delhi's Kalkaji in accordance with law. Justice Dharmesh Sharma said the writ petitions were not only flawed due to the misjoinder of multiple parties with multiple causes of action, but also failed to meet the essential threshold provided by the Delhi Slum and JJ Rehabilitation and Relocation Policy for being considered eligible for relocation and rehabilitation. 'None of the petitioners have any legal right to continue occupying the JJ cluster incessantly, to the detriment of the public at large," the court said in its order passed on June 6. The court passed the judgment on a batch of petitions, involving around 1,200 people, seeking direction to the Delhi Development Authority (DDA) to suspend any further demolition activity, maintain the status quo at the site, and refrain from physically evicting the petitioners from their respective 'jhuggi jhopri' clusters. The petitioners also sought a direction to the DUSIB to conduct a proper and comprehensive survey of the affected residents and rehabilitate them in accordance with the 2015 policy. The high court said there can be no gainsaying that the petitioners have no vested right to seek rehabilitation, as it is not an absolute constitutional entitlement available to encroachers such as themselves. 'The right to rehabilitation arises solely from the prevailing policy that binds them. The determination of eligibility for rehabilitation is a separate process from the removal of encroachers from public land. 'Encroachers cannot claim a right to continue occupying public land pending the resolution of their rehabilitation claims under the applicable policy, as this would unduly impede public projects," it said. The court, however, allowed rehabilitation of some of them and directed the DDA to allocate the EWS category flats. The nearly three-decades-old slum cluster at Bhoomiheen Camp was home to migrants from Uttar Pradesh, Bihar, and West Bengal, among others. PTI SKV RHL First Published: June 08, 2025, 15:00 IST

Encroachers can't claim right to continue occupying public land: Delhi HC
Encroachers can't claim right to continue occupying public land: Delhi HC

Hindustan Times

time08-06-2025

  • Politics
  • Hindustan Times

Encroachers can't claim right to continue occupying public land: Delhi HC

New Delhi, The Delhi High Court has held that encroachers cannot claim a right to continue occupying public land till their rehabilitation claims are not resolved, as this would unduly impede public projects. The high court made the observation while granting liberty to the DDA to proceed with the demolition action at Bhoomiheen Camp in South Delhi's Kalkaji in accordance with law. Justice Dharmesh Sharma said the writ petitions were not only flawed due to the misjoinder of multiple parties with multiple causes of action, but also failed to meet the essential threshold provided by the Delhi Slum and JJ Rehabilitation and Relocation Policy for being considered eligible for relocation and rehabilitation. "None of the petitioners have any legal right to continue occupying the JJ cluster incessantly, to the detriment of the public at large," the court said in its order passed on June 6. The court passed the judgment on a batch of petitions, involving around 1,200 people, seeking direction to the Delhi Development Authority to suspend any further demolition activity, maintain the status quo at the site, and refrain from physically evicting the petitioners from their respective 'jhuggi jhopri' clusters. The petitioners also sought a direction to the DUSIB to conduct a proper and comprehensive survey of the affected residents and rehabilitate them in accordance with the 2015 policy. The high court said there can be no gainsaying that the petitioners have no vested right to seek rehabilitation, as it is not an absolute constitutional entitlement available to encroachers such as themselves. "The right to rehabilitation arises solely from the prevailing policy that binds them. The determination of eligibility for rehabilitation is a separate process from the removal of encroachers from public land. "Encroachers cannot claim a right to continue occupying public land pending the resolution of their rehabilitation claims under the applicable policy, as this would unduly impede public projects," it said. The court, however, allowed rehabilitation of some of them and directed the DDA to allocate the EWS category flats. The nearly three-decades-old slum cluster at Bhoomiheen Camp was home to migrants from Uttar Pradesh, Bihar, and West Bengal, among others.

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