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MCD assures Delhi HC of putting on hold till August 16 demolition drive at Bhalswa Dairy Colony
The counsel representing Bhalswa Dairy Residential Colony Committee submitted that the civic body started the demolition drive despite the high court’s August 9 order granting interim protection from demolition and sealing
New Delhi
The Municipal Corporation of Delhi (MCD) on Tuesday assured the Delhi high court that it would not demolish illegal structures in Bhalswa Dairy Colony, northwest Delhi, till August 16, when the court is scheduled to hear a related case that deals with the prevention of animal cruelty in dairies.
The submission came hours after a team of MCD officials and police personnel visited the spot with bulldozers to raze illegal constructions in the early hours of Tuesday, to which there was stiff resistance from locals. Hundreds of residents took to the roads and blocked the path leading to the dairy colony. Residents also pelted stones at officials and toppled police barricades, officials said.
“Amid sloganeering, stiff resistance and lack of adequate police force, the drive was deferred,” a senior MCD official, not wishing to be named, said.
The official said plots in the colony were allotted for running dairies. “There are two categories of plot occupiers in the 60-acre colony. A case had been filed by plot owners where dairies are operating but there is even a larger number of plots which are not being used for dairy purpose. MCD allocated 1,328 dairy plots in Bhalswa, of which only 419 are being purely used for dairy; the rest (of the constructions) are illegal. The drive on Tuesday was to target these purely illegal plots where no dairies are running. The dairies will be relocated to Ghogha as per court order,” the official said.
In court, MCD counsel Manu Chaturvedi made the submission to a bench of acting chief justice Manmohan and justice Tushar Rao Gedela, after the counsel representing Bhalswa Dairy Residential Colony Committee submitted that the civic body started the demolition drive despite the high court’s August 9 order granting interim protection from demolition and sealing.
In its August 9 order, released on Tuesday, the high court directed MCD and Delhi Urban Shelter Improvement Board (DUSIB) not to seal or demolish constructions on plots where both dairies and residences coexist until the next date of hearing (August 16).
In its 15-page order, the court directed individual dairy owners who were ready and willing to relocate their cattle to Ghogha Dairy Colony to file an affidavit disclosing their undertaking to shift cattle within the time granted by the court, the extent of constructions at the allotted plot, the number of cattle owned by dairy owners along with its tag numbers and the floor of the building on which the cattle is kept, the number of persons residing on each floor, photos of the deponent and identification proof.
The committee, represented by senior advocate Arun Bhardwaj, said that although the court directed individual dairy owners who were ready and willing to relocate to file an affidavit on or before August 13, MCD on Monday passed an order to start with the demolition drive at 7.30am on Tuesday. Bhardwaj said that the bulldozers and force reached the area on Tuesday morning.
The court took note of Chaturvedi’s statement.
Days after the high court’s July 19 order directing the Delhi government and statutory authorities, including MCD, to extend sanctions required for shifting dairies from Bhalswa to Ghogha Dairy Colony within four weeks, MCD issued notices last week giving a three-day ultimatum to defaulters to vacate the encroached premises. It said that a demolition drive would be taken against all illegal and unauthorised constructions.
Rajesh Kumar, deputy commissioner, MCD, Civil Lines zone, said the demolition drive was stalled due to inadequate police deployment at the site. “A large crowd of protesters gathered at the dairy, making it difficult to carry out the drive. We have asked for 500-600 police personnel to conduct the demolition later,” Kumar said.
Residents of the colony, meanwhile, cried foul and called on authorities to reconsider the decision to evict them.
Deepak Diwakar, a resident, said the colony was facing a humanitarian crisis. “Why is MCD so desperate to demolish homes. High court will hear the matter on August 16; why cannot they wait?” he said.
Abhishek Swami, another colony resident, said residents have been staying on these plots for over four decades and thousands of families cannot be uprooted in this manner. “We have paid taxes and have valid electricity and water connections. Children study in nearby schools. People cannot be uprooted like this in one go,” he said.
MCD officials said that a seven member committee will now scrutinise the affidavits filed by plot occupiers and action taken after August 16.
Dealing with pleas alleging dairy colonies being wrought with violations of central and state-level statutes, the high court on July 19 said plots pursuant to shifting would revert to landowning agencies in accordance with the law, adding that the occupants of these superstructures did not have the right to claim equities.
In its August 9 order, the bench of acting chief justice Manmohan and justice Manmeet PS Arora, besides granting interim protection, directed the Delhi government and MCD to prepare a plan for making expeditious allotments of plots in Ghogha Dairy Colony to eligible dairy owners who were willing to shift. The plan at Ghogha Dairy Colony includes a grazing area, biogas plant, sewage and drainage facility, and veterinary hospital. The court further directed MCD to bring a proposal to provide temporary shelter to the caregivers of cattle at Ghogha Dairy Colony.
