Delhi HC forms panel for survey, rehabilitation of encroachers in and around Tughlaqabad Fort

In 1995, nearly 2,661 bighas of land around the Tughlakabad Fort was handed over to the ASI.

Taking note of submissions made by amicus curiae, senior advocate Dayan Krishnan, that while various encroachments have taken place in the area since long, people from the lower strata of the society has been living there though no exact estimate is known of such families, the bench directed the committee to conduct a survey.

The committee also comprises director of the Archaeological Survey of India (ASI), secretary of Urban Development Department of the GNCTD, MCD commissioner, Delhi Police commissioner, vice-chairman of the Delhi Development Authority and divisional commissioner (revenue dept) of the GNCTD.

“The aforesaid committee, while deliberating issues and suggesting policies, shall also issue various govt schemes for rehabilitation including Pradhan Mantri-Unauthorized Colonies in Delhi Awas Adhikar Yojana (PM-UDAY) as well. We express our hope and repose trust that the committee as formed above shall take into account all the relevant aspects and take appropriate decision for removal of unauthorized occupants and construction as also rehabilitation who may be found eligible in terms of the policy decision taken under this order (of the court),” the bench recorded.

The court gave two months’ time for the survey and the framing of the policy. It also directed the chairman of the committee to file an affidavit by the next date of hearing, scheduled for December 3.

Noting that the Central Bureau of Investigation was asked to probe the issue of unauthorised encroachments in the area, the HC directed the agency to file a status report in two weeks.

The division bench added the Centre through the secretary of the MoHUA, Delhi government through secretary of its urban development department, MCD and Delhi police commissioner as parties to the existing litigation and sought responses from them.

The court has been hearing a bunch of petitions, one dating as far back as to 2001, over the issue of removal of encroachments in Tughlaqabad Fort.

The issue of encroachment in Tughlaqabad Fort area had earlier reached the Supreme Court as well. However, the encroachments had continued.

In an order issued in April 2023, the HC had recorded that ASI had already served 1,248 notices towards various structural encroachments within the fort.

As the court order had recorded, the ASI is in complete control of the area in question.

In April 2023, the ASI had expressed its “helplessness” in removing the encroachments on account of “non-cooperation of other departments”, including MCD and GNCTD.

In August 2023, the court was informed that about 100 bigha of land has already been freed from encroachments.

Since various state departments passed the buck, the HC had in May 2017 constituted another committee to conduct a survey and take steps for removal of encroachments.

New electricity connections?

With the new physical demarcation exercise, power distributor BSES, which is also a party in the litigation, has now been permitted to approach the director general of ASI with a request to relax the blanket ban on providing new electricity connections.

Senior advocate Sandeep Sethi, appearing on behalf of BSES, sought relaxation with the new demarcation, submitting that a blanket ban on permitting new connections doesn’t “serve any purpose and rather encourages use of illegal connection and also leads to safety issues to employees of the agency”.

WHY THIS MONSOON WAS SPECIAL

Delhi monsoon

# Since June: 905 mm of rainfall

# Surplus: 38%

# Seasonal total at Safdarjung, the city’s base observatory: 902.6 mm, about 41% above normal.

Annual average rainfall: 774 mm

# Crossed this mark on August 14, fastest since 2021, when this mark was reached on August 1

August monthly rainfall: 400.1 mm, 72% above long-period average of 233.1 mm.

# Wettest August since 2010, when Delhi had recorded 455.1 mm of rainfall.

HOW MUCH DID IT RAIN 

June: 107.1 mm

July: 259.3 mm

August: 400.1 mm, wettest in 15 years.

September: 136.1 mm of rain, higher than monthly normal of 123.5 mm.

Monsoon in Northwest India

# Recorded 29% surplus rainfall at 744.7 mm

# 34.4% surplus monthly rainfall during August

# 42% surplus monthly rainfall till September 24

# Several spells of heavy rainfall, resulting in massive flooding, landslides, loss to life and property.