The Delhi High Court may soon order a detailed survey at Dhobi Ghat, Batla House, amid ongoing demolitions. Locals claim massive displacement without notice or rehabilitation.
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NEW DELHI: The Delhi High Court has suggested on Friday that it may order a survey of the Dhobi Ghat area in Batla House, Delhi, to clearly identify who will be affected by the ongoing demolition drive.
This came up during a hearing before Chief Justice Devendra Upadhyaya and Justice Tushar Rao Gedela on a petition filed by a group called the Dhobi Ghat Jhuggi Adhikar Manch. This group says it speaks for the residents living in the jhuggi clusters at Dhobi Ghat. The group had earlier approached the court challenging a previous decision, where a single judge refused to stop demolitions happening in the area.
On March 3, the earlier decision by Justice Dharmesh Sharma rejected the group’s request, stating that the union did not show that it represented the “unknown numbers” of residents living in the Dhobi Ghat area.
Yesterday, the Division Bench raised similar doubts about the petition.
“Who are the residents, how do you establish that? Who are you, who are the beneficiaries?”
-the Court asked.
The judges added that they might ask for an official survey so that clear details about the residents and their eligibility for protection can be found.
“We will not be able to determine if you fall part of the listed colony. These are crucial aspects which needs to be found by someone needs to decide if you have been living there. Court cannot decide that. For that purpose, we will consider passing an order for a survey,”
-the Court stated.
The main reason behind the demolition drive in Dhobi Ghat is that the area lies on the floodplains of the Yamuna River. Authorities argue that the settlements here pose a serious risk to the environment.
In September 2020, the Delhi Development Authority (DDA) started demolishing houses in the area. Most people living here work as daily wage labourers or domestic helpers. The residents claim that the demolitions began without proper notice, and the government did not arrange for rehabilitation, compensation, or any alternative place for residents to live.
The residents decided to approach the Delhi High Court seeking help. Their representatives argued that “around 800 houses have already been demolished.” They also said that the demolition had left the place severely damaged, causing “stagnation of dirty water and worsening environmental conditions.”
However, the DDA argued that no residential or commercial structures can legally exist on the floodplains of the Yamuna. This stance was earlier accepted by Justice Dharmesh Sharma on March 3 (Monday), who had noted that the DDA had lawful authority over the land.
The single judge had further remarked:
“The so-called members of the petitioner union, being rank tress-passers 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.”
He also highlighted that the Dhobi Ghat site was not suitable for human living, and unauthorized constructions there could lead to serious flooding in Delhi. Because of this, Justice Sharma dismissed the petition and ordered the petitioner group to pay Rs 10,000 as a penalty.
Not satisfied with this decision, the residents’ union filed a Letters Patent Appeal before the Division Bench of the High Court.
During the hearing, Senior Advocate Arundhati Katju, representing the Dhobi Ghat Jhuggi Adhikar Manch, informed the judges that the residents fear that “further demolition may be carried out soon in the area.”
On behalf of DDA, Advocate Prabhsahay Kaur countered by saying the colony is not listed under the “Additional JJ Clusters List for rehabilitation” published by Delhi Urban Shelter Improvement Board (DUSIB).
The court has now fixed the next hearing of this case on April 22.
BACKGROUND
A case was 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.
On March 5th, the matter was mentioned before Chief Justice Devendra Upadhyaya and Justice Tushar Rao Gedela.
However, the judges did not agree to hear the case 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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