Delhi High Court directs slum dwellers in Yamuna floodplain to vacate in three days or face demolition

File photo of a cleanliness drive on the banks of Yamuna river in New Delhi. After the authorities announced plans to clean the river, the Delhi High Court directed slum dwellers to vacate the area within three days, on March 15, 2023. , Photo Credit: PTI

The Delhi High Court had on March 15 directed the slum dwellers of the Yamuna floodplains to vacate their houses. slums Failing to do so within three days, they will have to pay ₹50,000 each to DUSIB and the DDA will proceed with the demolition.

The court passed the order after it was informed that a committee headed by the Lieutenant Governor has issued directions to clean the Yamuna river in view of the January 9 directions of the National Green Tribunal (NGT), which took note of the pollution levels. Had given.

Dismissing a petition by the residents, the court said, “Strict action by the police may be permitted…the concerned Deputy Commissioner of Police (DCP) of the area shall provide all support during the said action.”

The Delhi Development Authority (DDA), which has been tasked with the demolition of the slums, told Justice Pratibha M Singh that a high-level committee on January 27 had taken up the case related to the pollution of the Yamuna after the NGT reopened it. instructions passed. Take immediate steps to control river pollution and remove encroachments from there.

Advocate Prabhashay Kaur, appearing for the DDA, said that after the removal of the encroachment, the residents had come back to the same place twice.

Taking note of the submissions of the DDA’s counsel, the judge asked the counsel representing the residents, “You are encroaching on the Yamuna river. Do you know how much damage it is causing?”

The court was hearing a petition by residents of Moolchand colony DDA and Delhi Police officials located on the Yamuna floodplains in Bela Estate, Rajghat, claim to have met them in August 2022 and threatened to vacate them slums which would otherwise be broken.

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The DDA’s counsel told the court that the residents had also filed a contempt petition but no contempt case was made out against the officials.

He submitted that the Delhi Urban Shelter Improvement Board (DUSIB) has stated in an affidavit that the residents are not entitled to rehabilitation as their ‘ colonywas not included in its notified list.

The court directed the DDA to proceed with the demolition after three days and said that no further favor would be shown to the petitioners or their families.

It also disposed of the contempt petition saying that no contempt is made out and said “you cannot use contempt proceedings to intimidate officers”.

The court noted that the residents had suppressed certain material facts, as recorded in its order dated August 17, 2022, regarding the suits challenging the eviction by their fathers and grandfathers, which have gone up to the Supreme Court. were finally received.

When the matter was listed on January 13, the court had stayed the proposed demolition in view of the harsh winter.