Mehrauli demolitions: HC directs DDA to extend status quo at some buildings till Feb 16

Justice Manmeet Pritam Singh Arora, while hearing a batch of 15 pleas against the demolition drive, asked the land-owning agency why the demarcation map had not been shared with the residents of the area

The Delhi high court on Tuesday directed the Delhi Development Authority (DDA) to extend status quo on its demolition drive at several properties in south Delhi’s Mehrauli till February 16, and pulled up the agency for not making the demarcation report of the area public.

The court also extended the status quo the demolition action at the Gosiya Slum colony till Friday after the Delhi Urban Shelter Improvement Board (DUSIB) said that the slum is in their list of jhuggi jhopdi clusters and the residents are eligible for rehabilitationunder the Delhi Urban Slum and Rehabilitation Policy, 2015 of DUSIB. (Raj K Raj/HT Photo)

Justice Manmeet Pritam Singh Arora, while hearing a batch of 15 pleas against the demolition drive, asked the land-owning agency why the demarcation map had not been shared with the residents of the area and directed it to supply its copy to the court and all parties by 12pm on Wednesday, so that they can raise objections, if any.

The court asked DDA to file its counter affidavit in the matter detailing its stand on the demolition drive, while granting petitioners and their counsel the opportunity to meet with the deputy director of land management at DDA’s office at 3.30pm on Wenesday to verify their title deeds.

On Monday, the court stayed the demolition drive till Tuesday on several properties after residents of those places moved court against the demolition. Four petitions were filed on February 10, an dthe high court had issued status quo order on all of them; 10 petitions were filed on February 13, and the court had issued status quo order on seven of them.

The matter will next be heard on Thursday.

The court also extended the status quo the demolition action at the Gosiya Slum colony till Friday after the Delhi Urban Shelter Improvement Board (DUSIB) said that the slum is in their list of jhuggi jhopdi clusters and the residents are eligible for rehabilitationunder the Delhi Urban Slum and Rehabilitation Policy, 2015 of DUSIB.

The counsel for DDA, however, objected to the DUSIB’s submission and said that the slums had been once demolished in 2012 and hence, have no claim for rehabilitation.

Last Friday, the court had ordered status quo on the demolition in the colony after the counsel for the petitioner had contended that the colony was part of a list published by DUSIB in 2018, recording the existence of 400 jhuggis in the cluster. They also submitted that the land-owning agency is obliged to rehabilitate the residents of slum colonies prior to their eviction.

Meanwhile, another bench of the high court issued a notice to DDA on a plea by Mehrauli Minorities Residents and Shop Owners Welfare Association seeking directions to restrain Delhi Development Authority (DDA) from carrying out its demolition drive near Mehrauli Archaeological Park till a fresh demarcation of the area is conducted.

The court refused to interfere with the demolition exercise at this stage and directed that the matter be placed before the division bench headed by the chief justice, where a similar matter is already pending listing it on February 17.

The association said according to a February 11 order issued by revenue minister Kailash Gahlot, the district magistrate (south) is supposed to conduct a fresh demarcation of the land and ensure the presence of residents during the exercise. They argued that despite this, there was no fresh demarcation and DDA was continuing its drive based on a 2021 demarcation report.

DDA argued that the demolition exercise was in accordance of an order passed by a division bench of the high court on December 23 last year to remove encroachments in Mehrauli Archaeological Park. DDA had then “categorically stated” before the division bench that religious structures as well as graveyards will not be demolished in the area and only encroachers will be removed.