Delhi High Court has dismissed a plea challenging the demolition of the Pakistani-Hindu refugee camp at Majnu Ka Tila, stating the petitioners had “no right to continue to occupy the area,” upholding government action on encroachment.
New Delhi: The Delhi High Court has dismissed a petition aimed at preventing the Delhi Development Authority (DDA) from demolishing the Pakistani-Hindu refugee camp at Majnu Ka Tila until alternative housing is provided for its residents.
The court recognized its genuine attempts to work with relevant authorities to ensure the rehabilitation and relocation of the refugees, but these efforts were largely thwarted by bureaucratic delays, especially from the Union of India.
Justice Dharmesh Sharma remarked that the camp, home to approximately 800 residents, is located within the Yamuna floodplains.
The Court was made aware that the DDA is facing pressure to remove encroachments in this region to safeguard the Yamuna River, as mandated by the National Green Tribunal (NGT).
Justice Dharmesh Sharma dismissed the petition submitted by Ravi Ranjan Singh, stating that he and other refugees in similar situations have “no right to continue to occupy the area in question.”
While acknowledging the humanitarian issues involved, the court clarified that it does not have the authority to shape policies regarding refugee assistance.
In a ruling issued on Friday, Justice Dharmesh Sharma stated that the interim order from March 12, 2024, is now vacated.
The court also noted that the petitioner, Ravi Ranjan Singh, and other refugees in similar situations “have no right to continue to occupy the area in question,” leading to the dismissal of their request to stop the eviction.
The bench stressed the importance of protecting the ecologically sensitive Yamuna floodplains, stating that environmental conservation is in line with directives from the Supreme Court, the National Green Tribunal (NGT), and the Delhi High Court.
These measures are intended to maintain ecological integrity and uphold the fundamental right to a clean and healthy environment for both present and future generations.
Given the delicate condition of the Yamuna River, the court asserted that interference with its restoration efforts cannot be justified.
It concluded that humanitarian concerns cannot take precedence over environmental necessities, as such allowances would hinder important public projects.
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Singh’s petition highlighted the challenges faced by nearly 800 Hindu refugees from Pakistan and requested that the DDA delay the demolition until alternative land is designated in accordance with the government’s policy under the Citizenship Amendment Act, 2019.
The plea also called for embankments along the Yamuna to safeguard such settlements and religious sites, referencing precedents like the Akshardham Temple and the Commonwealth Games Village.
Case Title: Ravi Ranjan Singh Vs Delhi Development Authority & Anr
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