Madrasi Camp rehabilitation: Delhi HC flags ‘wilful disobedience’ of order, warns of action against authorities

However, before issuing further orders against the authorities, Justice Datta directed that a meeting be convened between the director (Housing-PMUDAY/DDA), senior officials of the Delhi Urban Shelter Improvement Board (DUSIB) and the concerned chief engineer of the Public Works Department (PWD) within a period of two weeks “to resolve the matter and to make sure that the orders passed by this court are complied with”.

“In case the same is not done, the court shall be constrained to take appropriate actions against the concerned respondents for committing wilful disobedience of the orders passed by this court,” the court warned in its order.

From demolition to rehabilitation

In March, the Delhi High Court, observing that the Barapullah drain was blocked due to the jhuggi jhopdi cluster of the Madrasi Camp, directed its clearance and demolition. Out of the 370 jhuggi jhopdi families, 189 were found to be eligible for rehabilitation.

Several ‘ineligible’ Madrasi Camp residents then filed appeals before the DUSIB for reconsideration of their eligibility. While several were found eligible by an appellate body, they were ultimately deemed ineligible by the DUSIB CEO. Later, the residents moved the Delhi High Court, challenging the DUSIB CEO’s decision to set aside orders by the appellate authority of DUSIB that had found them eligible for rehabilitation.

In May, Justice Datta stayed the DUSIB CEO’s order after recording that, prima facie, its overturning of the appellate authority’s “well-reasoned” order was without jurisdiction. The high court further directed the Delhi Development Authority (DDA) to ensure that the provisional demand-cum-allotment letter for allotment of alternative housing or dwelling unit, in line with the dispensation afforded to other eligible residents of Madrasi Camp, shall be extended to the petitioners as well.

At the September 26 hearing, while the DDA told the court that it had not received the requisite amount from PWD for the relocation, the petitioners pointed out from court records that the PWD had already deposited Rs 27 crore as provisional relocation charges with respect to 318 jhuggis.

Noting that the provisional relocation charges paid for by the PWD to DDA would suffice for as many as 318 jhuggi households, Justice Datta further noted, “even assuming there is some controversy inter-se the respondents (DUSIB and PWD) as regards the sufficiency of the amount paid/deposited by the PWD, the same does not afford any justification for non-compliance. It is incumbent on the respondents to resolve the same and comply with the interim directions.”

Notably, the demolition of Madrasi Camp, initially scheduled for May 10, was postponed to June 1 by the court as it directed the DDA and the DUSIB to ensure amenities at the flats in Narela, allotted to Madrasi Camp dwellers, and also directed the authorities to hold special camps to hand over possession letters and facilitate bank loans.