Delhi HC junks plea moved by Bela Estate residents against eviction from Yamuna floodplains

The samiti claimed that these slum clusters have been in existence for more than 70 years and consists of more than 700 households. It was also alleged that most of the residents have been residing in the subject area prior to January 1, 2015, which is one of the requirements of the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015 of DUSIB.

The court noted that it was not the association’s case that JJ clusters in Bela Estate are notified by DUSIB. “Though, it has been averred in the petition that Bela Estate is in existence for more than 70 years but the petitioner has not placed any documentary evidence in order to support this averment. Therefore, the petitioner has neither proved the fact that the JJ clusters in Bela Estate were notified by the DUSIB nor it has been proved that the jhuggis in these clusters were constructed before the date of 01.01.2015. Hence, they are not entitled for the relief of rehabilitation as per DUSIB Policy, 2015,” the HC ruled.

Samiti claimed that a survey was carried out by the Delhi Development Authority (DDA) of residents of Bela Estate during 2004- 2006 and they were issued provisional land allotment proposal and demand letters, however, even though they deposited the amount demanded by the DDA and submitted the necessary documents, no alternative land was allotted to them by the land-owning agency. Subsequently, the National Green Tribunal (NGT) in 2015 passed an order based on which the DDA issued eviction notices to the residents of Bela Estate directing them to remove encroachment and to vacate the land.

The HC also noted that the samiti had admitted that the DDA had conducted a survey during 2004 to 2006. The court took note of DDA’s affidavit of March 21, 2023, which stated that pursuant to the survey, the DDA had allotted a total of 6,086 plots for alternate accommodation to residents who were found eligible. “Therefore, under these circumstances and keeping in view the law laid down in the judgments discussed above, this court is of the considered view that the petitioners are not entitled for rehabilitation as per the DUSIB Policy, 2015. Consequently, in view of the detailed discussions herein above, the present writ petition is dismissed. No order as to costs. All pending applications are disposed of accordingly,” the HC said.

With respect to the rehabilitation policy of DUSIB, the HC referred to a February 24 decision which was also pronounced by Justice Kanth in Shobha Dikshit v Delhi Urban Shelter Improvement Board & Ors wherein the HC held that 2015 policy “incorporated an injunct against recognition and extension of the benefits envisaged therein to clusters which may spring into existence thereafter”. The HC had held that there was “no scope in law to undertake a fresh exercise to determine whether a cluster was in existence prior to the cut-off date prescribed under the 2015 policy”, and this issue had become final once the list of eligible clusters was identified by DUSIB.

The HC also referred to a March 14 division bench decision of the court in Kasturba Nagar Residents Welfare Association v Government of NCT of Delhi & Ors wherein the court held that the purpose of restricting the benefit of 2015 policy is clear from the policy itself which forbade coming up of jhuggis after January 1, 2015.

The samiti had also prayed that before demolition the DDA be directed to do a survey and an opportunity may be granted to the residents of Bela Estate to produce documents in support of their eligibility for rehabilitation as per DUSIB policy, 2015. The DDA on the other hand referred to a January 9 order of the NGT pursuant to which, a high-level committee was constituted and it was resolved that the restorative project namely, Asita West has to be completed by June 30. The DDA said that in order to complete the project, it is important that possession from the residents of Bela Estate is taken over by DDA and NGT’s order would be violated if the project is not completed on time.