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This is an archive article published on February 12, 2016

Delhi HC stays demolition in complex for leprosy-affected persons

The court has directed the DSW and the EDMC to file their responses. The matter will next be heard on February 22.

delhi high court, tihar jail, domestic dispute, delhi domestic dispute, delhi news Delhi High Court

Coming to the rescue of leprosy affected persons (LAPs) living in the Tahirpur complex, the Delhi High Court Thursday issued a stay on the demolition of alleged “unauthorised construction” in the area. The bench of Justice Ashutosh Kumar, in its order, noted that the department of social welfare (DSW) and the East Delhi Municipal Corporation (EDMC) could not take “blanket action” against all residents of Tahirpur complex.

As per a DSW policy, the complex is meant for the rehabilitation and stay of LAPs and their children; outsiders are not allowed to stay there.

As many as 286 families of LAPs, who had been granted housing at the Tahirpur complex by the Delhi government, had approached the high court Wednesday, alleging that in a crackdown ordered by the court, the authorities had issued “blanket orders” for demolition.

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Advocates Aman Panwar and Mudit Gupta, who appeared on behalf of the LAPs, told the court that government officials had entered the complex Thursday morning and sealed shops and houses, including residences of the LAPs who were “genuine residents” of the colony.

Delhi government’s counsel Siddhartha Shankar Ray informed the court that a survey of the complex had found that “some of the occupancy was unauthorised” and some people who were not eligible to stay in the complex had opened shops in the area.

The bench accepted the government’s argument but also issued a stay on the demolitions till a detailed report was available on whether the houses — for which eviction and demolition orders have been given — were in occupation of the LAPs or their children.

The bench also observed that houses and shops, being “misused or being utilised by trespassers who cannot be permitted to stay… need to be vacated and encroachment removed.”

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The court has directed the DSW and the EDMC to file their responses. The matter will next be heard on February 22.

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