Chief Justice declined to hear the matter Today (March 5) but added that it could be listed tomorrow. The Delhi High Court earlier refused to stop the demolition of Dhobi Ghat, where 800 homes were destroyed without notice. Residents challenge the ruling, fearing more evictions.
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NEW DELHI: A case has been filed in the Delhi High Court’s Division Bench against a decision made by a single-judge Bench, which refused to stop the ongoing demolition at Dhobi Ghat in Batla House, Delhi.
Today, the matter was mentioned before Chief Justice Devendra Upadhyaya and Justice Tushar Rao Gedela.
However, the judges did not agree to hear the case today but said that it could be listed for tomorrow.
Senior Advocate Arundhati Katju, representing the Dhobi Ghat Jhuggi Adhikar Manch (a group that claims to speak for the residents of Dhobi Ghat Jhuggi clusters), informed the court that the residents were afraid that more demolitions could happen soon.
She mentioned that some officials from the Delhi Development Authority (DDA) had recently visited the area.
Because of this, she asked the court to provide urgent relief. However, the court did not issue any order today and indicated that the case would be heard tomorrow.
The demolition at Dhobi Ghat is being carried out due to concerns that the area falls under the Yamuna floodplains, and human settlements in the area might cause environmental damage.
The DDA started the demolition drive in September 2020 in this area, where most of the residents are daily wage workers and domestic helpers.
According to the residents, the demolition was done without giving any notice and without making any arrangements for compensation, rehabilitation, or alternative housing.
Because of this, the residents went to the Delhi High Court for help. The union representing them argued that around 800 houses had already been demolished. They also stated that due to the demolition, the ground was dug up, which caused dirty water to collect in the area, worsening the environmental situation.
On the other hand, the DDA defended its actions, saying that no one is allowed to live, build, or occupy land in the Yamuna floodplains, as courts have already ruled in previous cases.
On March 3 (Monday), Justice Dharmesh Sharma, who was hearing the case alone, agreed with the DDA’s argument. He said that the DDA has the legal right to control the Dhobi Ghat land, and he dismissed the petition.
The judge also said that the petitioner union did not prove that it could represent all the affected residents and could not ask for a general order to protect all of them.
He further noted that the area is not even suitable for living, and any illegal settlements could block the flow of the Yamuna River, leading to floods in Delhi.
The judge made a strong statement, saying,
“The so-called members of the petitioner union, being rank trespassers or unauthorized occupants, are not entitled to the benefit of any Rehabilitation Policy … the unlawful construction in the area poses a significant threat to the ecologically sensitive River Yamuna floodplains.”
With this, the judge dismissed the petition and also fined the petitioner union Rs 10,000.
Now, this decision has been challenged before the High Court’s Division Bench through a Letters Patent Appeal.
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