Clear rubble from Laxmi Nagar demolition within 48 hours, HC orders east civic body

The Delhi high court directed the East Delhi Municipal Corporation (EDMC) to clear the rubble from a demolition drive in east Laxmi Nagar market within the next

The Delhi high court directed the East Delhi Municipal Corporation (EDMC) to clear the rubble from a demolition drive in east Laxmi Nagar market within the next 48 hours. The drive was conducted on July 6-8 displacing several families, on the orders of the high court.

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The court also said the onus of providing accommodation to displaced families was on the Delhi government, as over the years, officials of the public works department (PWD) or the road owing agency had either not been vigilant or had ignored the extensive encroachments.

The east civic body had demolished 56 houses constructed on a service road of the Master Plan Road following a court order on clearing encroachments. On July 17, chief minister Arvind Kejriwal had visited the spot and ordered that the people affected by the drive be immediately shifted to temporary shelters. He had also directed officials to begin an in-depth study of the high court and whether a court order for demolition can be issued in the times of a pandemic.

Justice Najmi Waziri on Thursday said the Delhi government may consider appropriate measures for fixing responsibility, as a deterrence, while also noting that the photographs shown to the court show a huge amount of debris littering the street and pavement.

“The purpose of the demolition of houses remains unserved -- i.e. to restore the public street to public use immediately. Let the EDMC clear the entire rubble within 48 hours,” the court said, while stating that an affidavit, along with photographs, be filed by the executive engineer of the EDMC before the next date of hearing.

On Thursday, advocate Anurag Dhar Dubey, representing 15 petitioners, told the court that the life and health of the 121 displaced families are at stake. He contended that authorities carried out the demolition from July 6 to July 8 with absolute disregard to the plight of even those residents who were home quarantined on account of Covid-19. He said residents were treated in an inhumane manner and all their means of existence were destroyed.

Appearing for the Delhi government, its additional standing counsel Gautam Narayan told the court that the displaced persons have been accommodated in a neighbourhood school. He said 50 families have already been shifted there and 50 more are expected to be shifted by Thursday or Friday.

The court directed Delhi Urban Shelter Improvement Board (DUSIB) and deputy commissioner, Delhi government, to ensure that requisite measures are in place to contain the spread of Covid-19 and provisions are made to ensure the health and well-being of displaced persons.

However, the court clarified that the temporary arrangement is only for the next couple of weeks, until the petitioners find an alternative residence.