The Delhi High Court has recently directed an NGO to leave a Basti Vikas Kendra, built on public land in east Delhi as required by the National Highways Authority of India for the construction of the elevated Delhi-Dehradun Expressway.
The high court asked petitioner NGO Asha Community Health Development Society to vacate the Basti Vikas Kendra (BVK) after taking all its belongings on or before May 14 stating that the National Highways Authority of India (NHAI) will be free to carry out its construction activity in the area from May 15.
Therefore, a meeting shall be held between Delhi Urban Shelter Improvement Board (DUSIB), NHAI, and Delhi Development Authority/Railways officials to agree upon the reconstruction schedule of the BVK post in the completion of work on the elevated corridor.
On May 8, Justice Prathiba M Singh stated in the order that, “In these overall circumstances, the court is not inclined to grant a stay on the construction of the elevated corridor and demolition of the BVK.”
The high court heard a petition by the NGO which said that bulldozers arrived at the premises of its BVK in the Gandhi Nagar area for devastation on April 27. The plea claimed that no notice was issued to the petitioner.
Furthermore, the petitioner said that it was assigned at the premises by DUSIB for running the BVK and challenging the fact that demolition was sought to be carried out without notice.
Also, it was prayed for a stay on the demolition or in the alternative, for the allotment of an alternate site for them.
The DUSIB counsel submitted that the demolition action has to be carried out by the NHAI for the Delhi-Dehradun Expressway construction, which is a national infrastructure project and the BVK is located on government land and no right can be claimed by the petitioner over it.
Furthermore, the DUSIB counsel said that there are 2 other mohalla clinics and a Delhi government dispensary in the area and added local residents that will not be inconvenienced in terms of medical facilities.
Additionally, the council stated that the area has been taken over by the NHAI by paying more than Rs 3 crore to the DDA. The area is being used for the construction of the elevated corridor connecting Delhi & Dehradun and is a part of the Bharat Mala Project.
He submitted that once the construction activity is over, the NHAI proposes to reconstruct the Basti Vikas Kendra (BVK) and the petitioner may run it so long as it is ready to prove that it has a proper agreement with DUSIB.
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