Delhi HC refuses to interfere with Yamuna Bazar eviction notices

Delhi HC refuses to interfere with Yamuna Bazar eviction notices

New Delhi, The Delhi High Court on Tuesday refused to interfere with the eviction notices to residents of the ecologically-sensitive Yamuna Bazar area.

Delhi HC refuses to interfere with Yamuna Bazar eviction notices

Justice Purushaindra Kumar Kaurav said the petition by the Yamuna Bazar Residents Welfare Association challenging the DDMA eviction notices was not maintainable as it lacked "binding affidavits" from local residents to "bear the consequences" of the petition.

"This court is not inclined to entertain the writ petition. This petition is not a PIL and has been filed by the association at the instance of local residents. In the absence of the authorisation, the petition is not maintainable," the court said while rejecting the petition.

Justice Kaurav clarified that the petitioner would be at liberty to file a proper petition with the authorisation of the residents.

As the petitioner's counsel urged the court to pass a direction deferring any demolition in the historically significant ghats, the court responded that a proper petition should have been filed.

In the petition, the association challenged the notices of "mass eviction" by DDMA, asserting that they were based on "generalised assumptions and speculative apprehension".

"Petitioners respectfully submit that they are not opposing ecological rejuvenation or environmental protection of the Yamuna floodplain.

"The grievance of the Petitioners is confined to the arbitrary and mechanical invocation of emergency powers without scientific determination, rehabilitation framework, heritage-sensitive assessment and individualized consideration of historically existing Panda Ghats and associated religious-cultural structures. The impugned action therefore violates Articles 14, 19, 21 and 25 of the Constitution of India and deserves to be quashed," the plea contended.

On May 5, the Delhi Disaster Management Authority issued notices to around 310 residential structures in the Yamuna Bazar ghat, directing occupants to vacate the area within a 15-day timeframe, failing which demolition action could be initiated.

According to DDMA, Yamuna Bazar is inundated during the Yamuna floods every year, which poses a serious threat to human life, cattle and property.

Subsequently, on May 18, DDA also issued a fresh notice and directed the residents to "voluntarily vacate the government land and remove all encroachments, temporary or permanent structures, and belongings within 15 days from the date of issue of the notice" as it falls within the O-Zone category of the Yamuna floodplains.

It further added that all residents must stop all unauthorised occupation of land immediately and that in case of non-compliance, "the occupants shall be liable for coercive action including removal/demolition of unauthorised structures, to be undertaken by DDA without any further notice, at the risk and cost of the occupants."

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