Today, On 12th May, The Delhi High Court ordered the demolition of Madrasi Camp from June 1, stressing that clearing the Barapullah drain is crucial before monsoon. It held that encroachers have no right beyond the right of rehabilitation.
New Delhi: The Delhi High Court addressed applications concerning the planned demolition of the Madrasi Camp, an unauthorized settlement near the Barapullah drain.
The Court permitted the demolition to begin on June 1, 2025, asserting that the encroachers have no rights beyond rehabilitation, as the land in question is public property.
The bench, comprising Justice Prathiba M. Singh and Justice Manmeet Pritam Singh Arora, stated,
“The rehabilitation of the Madrasi Camp dwellers is also essential for the de-clogging of the Barapullah Drain. None of the dwellers can claim any rights beyond the right of rehabilitation, as the land is public land which is encroached upon.”
The dispute originated from illegal constructions on various drains leading to the Yamuna River, including the Barapullah drain, which have contributed to significant pollution and waterlogging in nearby areas.
The Court had previously mandated the removal of these encroachments, including those at the Madrasi Camp. Although several residents requested a delay in eviction until rehabilitation measures were assured, they cited DUSIB’s 2015 JJ Policy and a 2016 Draft Protocol to bolster their claims.
The Court noted that a survey by the Eligibility Determination Committee found that 189 out of 370 jhuggis in the Madrasi Camp qualified for rehabilitation.
Over multiple hearings from October 2024 to April 2025, the Court considered various relocation options for the residents. Flats in Kalkaji and Dwarka were unavailable, leaving Narela as the only feasible alternative.
Despite a distribution camp being established for allotment letters, most eligible residents declined to accept them. Concerns were raised regarding the Rs. 1,12,000 contribution required by the JJ Policy, along with an additional Rs. 30,000 for maintenance charges.
In response, the Court instructed the Chief Secretary of GNCTD to arrange a meeting with residents and relevant authorities to address issues such as financial assistance or loan options, school admissions, transportation, and infrastructure at the relocation site. This meeting took place on May 1, 2025, with participation from various government departments and representatives of the residents.
Despite the assurances provided, many residents refused to sign the attendance sheet and reiterated their objections to relocating to Narela, expressing their unwillingness to move regardless of the amenities offered.
The residents’ counsel challenged the adequacy of the notice period and the living conditions in Narela, arguing that basic services were lacking. However, DUSIB informed the Court that 350 families were already living in the same housing complex and that all facilities would be fully operational.
The Court acknowledged the residents’ concerns but pointed out that the demolition had been on hold since September 2024, providing sufficient time for the residents to prepare. It concluded that the residents had no legal claim to remain on the encroached land and that the authorities had fulfilled their responsibilities under the rehabilitation policy.
Therefore, the Court determined that the encroachers’ rights were strictly limited to rehabilitation, without the authority to dictate relocation terms or resist lawful eviction.
The Court stated,
“In order to enable smooth rehabilitation of the Madrasi Camp dwellers, while achieving the purpose of the demolition i.e., for removal of encroachment and unauthorised construction on the Barapullah drain… directs as under”:
a) The Authorities (DDA, MCD, DUSIB, PWD, GNCTD) shall hold two camps from 10th May, 2025 – 12th May 2025.
- Camp No.1 would be for handing over possession letters of the Narela flats.
- Camp No.2 shall be for the purpose of sanctioning loans, if required. To enable the same, representatives of the Banks shall be present at the camps to facilitate loan arrangements without inconvenience.
b) Parallelly, the DDA/DUSIB shall ensure that all amenities in the flats, such as fixtures and fittings, are available by 20th May, 2025.
c) After 20th May, 2025, eligible persons/dwellers from the Madrasi Camp shall begin moving their belongings to their respective flats in Narela. If any residents choose not to accept possession letters or take advantage of loan facilities, they will not be granted further opportunities to seek allotment of the flats in Narela or any rehabilitation camps.
d) From 20th May, 2025 to 31st May, 2025, all belongings must be moved from the Madrasi Camp.
e) The demolition of the Madrasi Camp shall commence on 1st June, 2025.
f) While the Authorities are present in the Madrasi Camp, if any residents have missed the previous survey, a new survey will be conducted, allowing these residents to have their eligibility determined by DUSIB.
g) Additionally, all tasks outlined in the Minutes of the meeting dated 1st May 2025 shall be completed, including facilitating school admissions for children before the academic session begins in July 2025.
For the petitioners, the legal team comprised Advocates Vrinda Grover, Prasanna J., Rupali Samuel, Devika Tulsiani, Soutik Banerjee, Choudhary Ali Zia Kabir, and Sumayya Khatoon.
Representing the defendants were Senior Advocate Parvinder Chauhan along with Standing Counsel Prabhsahay Kaur and Advocates Anuj Chaturvedi, Aakriti Garg, Deeksha L. Kakar, Aditya Verma, and Kavya Shukla.
Case Title: Shabnam Burney v Union (2025:DHC:3525-DB)