YAMUNA KHADAR SLUM UNION vs DELHI DEVELOPMENT AUTHORITY AND ORS
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 544/2024 & & CM APPL. 37088/2024
YAMUNA KHADAR SLUM UNION …..Appellant
Through: Ms.Kawalpreet Kaur with Mr.Umesh Kumar and Mr.Nayab Gauhar, Advocates.
Versus
DELHI DEVELOPMENT AUTHORITY AND ORS …..Respondents
Through: Ms.Shobhana Takiar with Ms.Kritika Gupta and Mr.Kuljeet Singh, Advocates for DDA/R-1. Mr.Parvinder Chauhan, standing counsel with Ms.Mahima Anand, Advocate for DUSIB/R-2. Mr.Karn Bhardwaj, ASC for GNCTD with Mr.Rajat Gaba, Mr.Shubham Singh and Mr.Saurabh Dahiya, Advocates for R-3 & 4. Mr.Rahul, Legal Assistant, DDA in person.
% Date of Decision: 05th July, 2024
CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
1. Present appeal has been filed challenging the order dated 2nd July,
2024 passed by the learned Single Judge in W.P. (C) 10900/2019 whereby the Court granted liberty to respondent no.1/DDA to carry out further demolition. The appellant further seeks issuance of directions to the DDA to conduct a survey of the residents of Yamuna Khadar Slum Union and identify each and every resident residing there so that they can be allotted alternative accommodation under the rehabilitation policy.
2.
Learned counsel for the appellant states that Yamuna Khadar Jhuggi camp came into existence at Yamuna Khadar Jhuggi Camp located at Yamuna Khadar, Chilla Village, Phase 1, Mayur Vihar, Delhi-110091 in 1970 when the agricultural labourers working on the farms set up their jhuggi jhopri cluster which comprises of more than 2000 houses, as of today. She states that on 9th October, 2019, respondent no. 1/DDA, without notice, started a massive demolition at the Yamuna Khadar Jhuggi Camp located at Yamuna Khadar, Chilla Village, Phase 1, Mayur Vihar, Delhi110091 whereby around 500 houses were demolished. She states that at that stage, the underlying writ petition was filed and an interim stay order was passed.
3.
She further states that the appellant had taken all efforts to get their cluster identified and notified by respondent no. 2/DUSIB and DDA, but they did not receive a response from either of the departments to their representations.
4.
She emphasises that the as the slum cluster had come into existence in 1970, the appellant which is a slum union is entitled to the benefit of the Rehabilitation Policy.
5.
Learned counsel for the respondents, who appear on advance notice, have taken us through the findings in the impugned order. They state that the appellant-union of slum clusters is not only located at the Yamuna riverbed but the members of the appellant-union are carrying out commercial activities at the site resulting in pollution of the river.
6.
From the perusal of the paper book, it is apparent that Yamuna Khadar Jhuggi Camp located at Yamuna Khadar, Chilla Village, Phase 1, Mayur Vihar, Delhi-110091 falls in the River Yamuna Floodplain/Riverbed. The said land was acquired by DDA vide award dated 09th June, 1992 for a public purpose, namely for the Planned Development of Delhi for Channelization of River Yamuna. DDA had taken physical possession of the said area in 1997.
7.
Consequently, this Court is of the view that the appellant, a union of slum clusters, being a rank encroacher of government land has no right to file a high prerogative writ petition.
8.
The flood plain area is a prohibited activity zone and is an important component of a river ecosystem. Encroachment in this area leads to diversion in the flow of water leading to floods in adjacent areas. Consequently, many experts believe that floods in Delhi are man-made as they have been caused primarily due to encroachment of drains and riverbeds, thereby restricting the flow of water to Yamuna and in Yamuna.
9.
Further, the illegal construction endangers the ecologically fragile Yamuna floodplains. Also, as the area in question had been acquired by DDA for channelization of river Yamuna, this Court is of the view that
removal of the appellant-union from the said area is in public interest.
10.
Though, learned counsel for the appellant states that the appellant is neither asking ownership of the river bed nor stay of eviction, yet if the appeal is entertained, it would result in the appellant continuing to occupy the river bed as it has done by virtue of the interim order passed by the learned Single Judge for the last six years. Consequently, the appellant is seeking stay of eviction by an indirect method/ mean.
11.
Further, as per the Delhi Urban Shelter Improvement Board Act, 2010 and the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015, every JJ Dweller and every JJ Basti/cluster is not automatically entitled to alternate housing. Clause 2(a)(i) of the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015 (Part A) clearly specifies that only those JJ Bastis which had come up prior to 01st January, 2006 shall not be removed/demolished without providing alternate housing.
12.
JJ Basti/cluster in question is not a notified JJ Basti as per DUSIB list of 675 Notified JJ Bastis in Delhi, which further clarifies that the residents of the appellant-union are living illegally.
13.
Also, as per the Rehabilitation Policy of the DUSIB, to declare a group of jhuggis as Jhuggi Jhopri Basti, one of the conditions to be fulfilled is that it must be inhabited by at least 50 households, as existing on 1st January, 2006.
14.
In the underlying writ petition, a tentative list of 48 persons was filed without any jhuggi numbers or specifications. Though documents with respect to few of such persons were filed by the appellant, yet some of the
documents which were filed in support show the address of Uttar Pradesh.
15.
Further, the finding given by the learned Single Judge that no such JJ Cluster was existing prior to 2006 in the area in question has not been seriously disputed by reference to Google Earth Images or similar documents.
16.
Keeping in view the aforesaid, this Court is of the view that the present appeal is bereft of any merit and the same is accordingly dismissed along with pending application.
ACTING CHIEF JUSTICE
TUSHAR RAO GEDELA, J
JULY 05, 2024 KA