During the recent hearing, the Centre’s counsel argued that the status quo should be maintained, stating that Sainik Farm is an “affluent” neighborhood where neither repairs nor demolition should be allowed.
New Delhi – The Delhi High Court on Wednesday urged the Centre and the Delhi government to resolve the long-pending issue of regularising the Sainik Farm colony in South Delhi. The court asked both authorities to sit together and find a solution.
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A bench comprising Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela observed that there has been neither demolition action nor legalisation of the colony.
The bench stated, “Matter is oscillating between the Centre and the state. We can’t permit this to go on and on. You have to take a policy decision. We are not saying what to do. Either regularise or don’t…. You are just dragging. Hume na karna pade, court kar de .. All of you sit together and find a solution, that is what we propose.”
The court is hearing multiple petitions, including one filed in 2015, regarding the regularisation of the colony. The court emphasised that the concerns raised need to be addressed by the Ministry of Housing and Urban Development, the Government of the National Capital Territory (NCT) of Delhi, and the Municipal Corporation of Delhi (MCD).
The bench stated, “What we prima facie find is that the concern raised in the writ petitions needs to be addressed by the Ministry of Housing and Urban Development of government of India, government of NCT of Delhi and the MCD.”
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The court has scheduled the next hearing for April 16 and has directed the respective lawyers to seek instructions on the matter. Previously, the court had asked the Centre to take a decision on the colony’s regularisation issue.
During the recent hearing, the Centre’s counsel argued that the status quo should be maintained, stating that Sainik Farm is an “affluent” neighborhood where neither repairs nor demolition should be allowed. Meanwhile, the counsel for one of the petitioners requested the court to permit repairs in the meantime.
However, the court advised considering the “larger picture” and expressed its reluctance to allow continuous repairs without proper sanction.
The bench observed, “The houses, allegedly came up in derogation of the law but since the colony had been around for so long, the authorities were expected to take a decision.”
The court suggested that authorities could either frame a policy, amend regulations, or collect development charges from residents, if there was a genuine intention to resolve the matter.
Highlighting the prolonged nature of the litigation, the bench remarked, “Unnecessarily these litigations are going on. They are living in fear.. if you want, we will put you together in a mediation centre.”
In an affidavit, the Centre stated that it had consciously decided not to involve itself in the regularisation of illegal colonies categorised as affluent, such as Sainik Farm.
Instead, its focus is currently on redevelopment work in 1,797 unauthorised colonies, which have been divided into two classes. The affidavit also noted that constructions in affluent colonies like Sainik Farm are protected under the law until December 2023.
In a previous hearing in April 2022, during a plea by Ramesh Dugar, the convener of the area development committee at Sainik Farm, the high court had stressed the urgency of resolving the issue.
The court stated, “It is high time that the issue of regularisation of Sainik Farms was resolved once and for all.”
It further remarked, “The authorities should take a decision and not keep the pot boiling indefinitely.”
