This matter was listed today, and Advocate on Record (AOR) Manish Kumar Singh argued on behalf of the petitioners.
NEW DELHI: Today(15th Jan): A petition has been filed in the Delhi High Court through the All India Youth Foundation, regarding the relocation and rehabilitation process for residents of Kathputli Colony. The Foundation has no personal interest in the matter but is concerned about the delay in the handover process, which has left residents living in inhuman conditions for several years.
The petition is aimed at ensuring that the rights of these residents are upheld, and they receive the rehabilitation they are entitled to under the Tripartite Agreement.
This matter was listed today, and Advocate on Record (AOR) Manish Kumar Singh argued on behalf of the petitioners.
Background of the Issue
In 2017, a Tripartite Agreement was signed between the Delhi Development Authority (DDA), Raheja Developer, and the residents of Kathputli Colony to relocate them to newly constructed flats. However, the handover process has been delayed due to various reasons, and the residents continue to live in the Kathputli Transit Camp under poor, unhygienic conditions.
The petitioners, including several residents who were issued demolition and relocation letters in 2017, have suffered due to the ongoing delays.
The petition highlights that despite the construction of new flats in 2022, the completed flats remain unallocated due to the personal issues of the developer. This delay has left hundreds of families in appalling living conditions, with no immediate prospect of relocation. The petition seeks the intervention of the Supreme Court to expedite the process and ensure that the residents are rehabilitated as per the agreement.
Key Details of the Petition:
The petition was filed on behalf of Kailash and other residents of Kathputli Colony.
Each petitioner had their jhuggi demolished in 2017, with the expectation of relocation, but the process has been significantly delayed. The petitioners claim that the developer’s personal issues have further hindered the allocation of flats, which should have been completed by now.
The petition emphasizes that all petitioners are legally entitled to be allocated the flats as promised and that the delay is unfairly impacting their lives. The petition is not filed for personal gain but in the public interest, aiming to protect the rights and well-being of the Kathputli Colony residents.
The petitioners are requesting the court to issue a writ or order directing the relevant parties, including Raheja Developer, to expedite the relocation process. They urge the Supreme Court to prioritize the matter due to the ongoing hardships faced by the residents.
The petition also includes photographs showing the current inhuman conditions at the Kathputli Transit Camp and the completed flats that remain unallocated. The petitioners assert their legal right to be relocated without further delay.
READ ALSO: A Ration Card is for Food Distribution, Not Proof of Residence: Delhi High Court
Earlier, On 7th March, the Delhi High Court has clarified that a ration card, typically issued for procuring essential commodities through the public distribution system, cannot serve as proof of address or residence.
Justice Chandra Dhari Singh, presiding over petitions from former residents of Kathputli Colony seeking alternative accommodation after the area’s redevelopment, declared the mandatory requirement of a ration card for claiming benefits under the rehabilitation scheme as arbitrary and illegal.
“The issuance of a Ration Card is intended for the distribution of essential food items through fair price shops. Consequently, it does not serve as a proof of residence for the cardholder.”
-emphasized the court.
READ ALSO: Delhi High Court Upholds Tribunal Decisions: Affirms High Courts’ Writ Jurisdiction
The petitioners alleged that authorities had breached their trust by changing the eligibility criteria in 2015 after the demolition of Kathputli Colony. The sudden requirement of a separate ration card for first-floor dwellers was deemed unfair and led to a loss of trust among the slum dwellers.
The court, acknowledging the petitioners’ grievances, pointed out that a gazette notification issued by the Ministry of Consumer Affairs, Food, and Public Distribution in 2015 had already disallowed the use of a ration card as a document of identity or proof of residence. Additionally, the court noted that fresh ration cards were not being issued in Delhi due to the city reaching its state-wise ceiling of eligible households based on the 2011 census.
The colony, known for its vibrant community of artists, puppeteers, and performers, has faced prolonged delays in the relocation process promised under a redevelopment plan. Kathputli Colony, situated in west Delhi, has long been a hub for traditional artisans. The area was earmarked for redevelopment under a public-private partnership between the Delhi Development Authority (DDA) and a private developer. The project aimed to provide the residents with improved housing and infrastructure while transforming the colony into a modern urban space.
