The Supreme Court today has rejected to interfere with a Delhi High Court order for the demolition of illegal constructions in the Vishwas Nagar area.
However, it has asked the Delhi Development Authority to stop the demolitions for 7 days so that the dwellers can voluntarily leave the place.
A bench comprising Justices Aniruddha Bose and Sanjay Karol ordered that, “If they don’t vacate by 29th May, it would be open to DDA to resume their demolition activities. We order that for a period of 7 days, no demolition activity shall be continued.”
Also, the bench sought DDA’s response by 1st week of July, on the question of rehabilitation of those whose premises are being destroyed.
The demolition activity commenced the matter urgently mentioned before the vacation bench. The counsel for the petitioners urged that “In this scorching heat, they’re demolishing my lords. If you don’t order status quo, they’ll demolish…No alternative arrangements have been made.”
Therefore, the counsel for DDA submitted that the single bench and division bench of the Delhi High Court has already sustained the case of DDA for the removal of residents from the dwellings as they’re illegal encroachers.
The Court stated in its order that, “We’ve been apprised that demolitions have started at 8 am today. So far as the right of the members of the petition to reside at their present dwelling place is concerned, we do not interfere with Delhi HC order.”
However, it added that the court was liable to give the dwellers 7 days’ time to vacate the premises.
The plea before Delhi High Court was moved by Kasturba Nagar Residents Welfare Association claiming that its members are living in the area for the last 40 years. It was claimed that they comprise a slum cluster of over 200 jhuggis having valid documents, namely, Voter ID, Electricity Bill, Gas Connection Bill, MCD House Tax Receipt, Birth Certificate, Caste Certificate, etc. from 1980.
Therefore, the single bench rejected the plea, stating that only those clusters, that have been identified by the Delhi Urban Shelter Improvement Board, will be eligible for the benefit of rehabilitation under the Delhi Slum & JJ Rehabilitation & Relocation Policy, 2015.
The division bench observed that no material was been provided by the Association that the cluster has been identified by the DUSIB. “Filing documents to show that they have proof of residence that is not conclusive proof of continuous stay in the area because this Court can take judicial notice of the fact that persons who stay in such ‘bastis’ migrate from the place when they get a better accommodation or a new job but they continue to have papers showing these addresses.
This issue can only be decided in a proper suit where it has to be established by leading evidence that they continue to reside in these addresses,” the division bench had said.
