What is the Delhi Development Authority’s ‘anti-encroachment drive’ in Mehrauli and Ladha Sarai?

What is happening in the Mehrauli and Ladha Sarai villages?

The DDA has said it is undertaking a drive to clear unauthorised encroachments on government land that houses protected ASI monuments among others, in coordination with the Delhi Police at the Ladha Sarai Village falling in the Mehrauli Archaeological Park.

According to the agency, which holds claim over all land in the capital, the drive began on February 10. This park, adjacent to the iconic Qutub Minar, has an estimated 55 monuments under the protection of the ASI, the State Archaeological Department under the Delhi government, as well as the DDA. The stated objective of the drive, according to the DDA, is reclaiming it for its “rightful use by all citizens as a park.”

A woman stands with a cat amid rubble in Mehrauli, Delhi. (Express Photo by Gajendra Yadav)

Why is the drive taking place now?

According to the DDA, the drive is being carried out in accordance with orders of the Delhi High Court, which has on many occasions directed the government authorities concerned to secure, protect and preserve the area falling under Mehrauli Archaeological Park by removing illegal encroachment.

The DDA said a demolition order dated December 12, 2022, was pasted on structures identified as encroachments existing on government land, with directions to ‘encroachers’ to remove all unauthorised construction within 10 days. The Authority said the drive is “a long pending, Court-mandated exercise” and all stakeholders, including the Delhi government, have been on board with it all along even as it termed the drive a bid to “tarnish Chief Minister Arvind Kejriwal’s image”.

Why are questions being raised on land demarcated for demolition?

The DDA has said that a demarcation exercise to identify the extent of unauthorised and illegal encroachment or construction for removal had been carried out by the Revenue Department under the Delhi government, as per Delhi High Court directions, in the presence of DDA and Waqf Board representatives in December 2021.

The contours of this demarcation have been questioned by everyone concerned – the residents who have been evicted or are scheduled to be evicted, the Delhi government under whose jurisdiction lies the Revenue Department (which conducted the exercise), as well as LG Saxena in his capacity as Chairman of the DDA. A delegation of residents that called on the LG over the issue pointed out anomalies in the exercise, following which Saxena ordered a fresh one to be conducted.

The Delhi government, terming the exercise “flawed”, ordered its cancellation after demolition began and alleged that neither the Revenue Minister nor the Delhi Chief Minister was aware of it.

The Delhi government has also argued that the Revenue Department should not have been tasked with the demarcation in the first place, since urbanised villages were involved. According to the government, the applicability of the Delhi Land Reforms Act ceases following urbanisation, and so demarcation should be carried out directly by the DDA following due process, including the demarcating agency inviting objections from the people presently residing on the land and ensuring their “full participation” before finalising the report.

What has the High Court said about the residents’ petitions?

Since the demolition exercise started last week, several residents of Mehrauli, specifically those residing in Ward 8, approached the Delhi High Court. While hearing the matter Justice Manmeet Pritam Singh Arora asked the DDA as to why the demarcation report was not shared with the residents of the area, asking them to also supply a copy to the residents so that they can raise objections, if any.

Another plea moved by 17 residents of an apartment building in Khasra No. 1151/3 min, which was granted protection from the demolition action last week, is listed on Thursday.

What is the DDA’s stance on this?

On the pleas against the recent demolition drive, the DDA has been asked to place its stand by way of a counter affidavit, while the matters are listed for a hearing on Thursday.

Last year, four persons residing in Khasra No. 216, Ladha Sarai, moved the HC against a proposed demolition action by the DDA on December 12. They claimed to be tenants of the Delhi Waqf Board and since the DDA does not possess any title in the Khasra number, the demolition action is not maintainable. It was claimed that the land in the Khasra contained graveyards, mosques, etc. and the entire land was Waqf land.

The DDA claimed that the Khasra land belongs to the Central government and the entire control vests with the DDA. It said that the land forms part of the Mehrauli Archaeological Park and argued that the division bench of the HC, in separate proceedings pertaining to encroachment in the park, had directed the DDA and the ASI to ensure that the entire area covered by the park is secured and freed from encroachment, relying on several orders passed between 2015 to 2022.

The HC, in its December 23 order, noted in this case that the petitioners had not placed any documents to show that they are tenants and so in the absence of any right, title or interest in the Khasra, their pleas are not maintainable. The single judge took note of the order passed by the division bench of the HC in July 2019 in separate proceedings, issuing a categorical direction to make the park free from all encroachments.

The single judge also took note of the Waqf board’s plea, which was also listed before the division bench of the HC on December 23, wherein the DDA made the statement that “demolition will only be done as per the demarcation report”, and “religious structures would not be demolished”. The single judge remarked that the Waqf board was already pursuing its remedies before the division bench and the residents’ plea would only lead to a multiplication of proceedings, dismissing their plea.

What happens now?

Justice Arora, in a batch of 15 pleas on Tuesday, ordered a status quo on the demolition action, directing each of the petitioners in the batch, along with their respective counsels, to meet with the Deputy Director of Land Management at the DDA’s office at 3:30 pm on Wednesday for verification of their respective title deeds. The HC has further directed the authority to file a demarcation report for said properties and further asked the DDA to file a response to the pleas before the HC.