Rights Of Lawful Residents Have Precedence Over Persons Who Encroach Upon Public Land: Delhi High Court Permits Demolition Drive

While hearing an application against demolition drive to clear encroachments blocking the city's Taimoor Nagar Drain, a division bench of Justices Prathiba M. Singh and Manmeet Pritam Singh Arora observed,

“The rights of lawfully residing residents of the area and adjoining colonies, who are entitled to habitable and flood-free living conditions, would have precedence in comparison with persons who have encroached and built unauthorised tenements on public land – that too with modern facilities. Owing to the monsoon season which is to arrive shortly, the expansion of the said drain is not only necessary but imminent and imperative.”

The application was filed by fourteen families claiming to be residing in jhuggis in the area, seeking rehabilitation/ suitable alternate accommodation before the Special Task Force, empowered by the Court from expansion of the drain, removes any encroachment.

The application was moved in a petition filed by Cooperative Housing Society against frequent flooding in the area due to alleged encroachment on the drain.

The Delhi Development Authority submitted that none of the applicants before the Court were entitled for rehabilitation as they are not part of recognized jhuggi clusters in terms of Delhi Slum & JJ. Rehabilitation and Relocation Policy, 2015.

Finding force in this submission, the Court then turned to the issues of waterlogging and flooding being faced by the authorised residents of the Taimoor Nagar area, due to encroachment of the drain by the applicants and the likes.

Upon perusal of the photographs placed before it in this regard, the Court found that the applicants had in fact unauthorisedly built pucca structures on public land, obstructing the natural flow of the drain.

It added that none of the Applicants hold any legal title to the land and it is an admitted position that the structures in issue constitute encroachments on public land.

As such, the Court permitted the demolition drive to commence from May 05, with exception of one day to the applicants to vacate the premises.

“During the course of demolition that if there are any elderly persons, women and children, they shall be allowed to remove their belongings in a peaceful manner without causing any law and order issue,” the Court added.

Observations on DUSIB

During the hearing, the bench noted that the affected unauthorized residents are free to move to night shelters and rain baseras, on a temporary basis.

However, at this point, the Counsel appearing for the Delhi Urban Shelter Improvement Board (DUSIB) submitted that night shelters are given on a first come first serve basis, therefore accommodating all the Applicants' families might not be possible.

Taking exception to this submission, the Court observed,

“This Court notes with some concern that the DUSIB in general is having an attitude of non-cooperation in these matters. It shall be the responsibility of the DUSIB to ensure that the night shelters are provided adequately to these families failing which the Court would have no option but to take action against the concerned officials of the DUSIB.”

The matter is now listed on May 26.

Appearance: Mr. A.N. Haksar, Sr. Adv. with Mr. Udayan Jain, Mr. Ranjan Mishra and Mr. Harsh Jaiswal, Advs for Petitioners; Ms. Prabhsahay Kaur (Standing Counsel DDA), Ms. Deeksha L. Kakar (Panel Lawyer, DDA), Mr. Aditya Verma, Adv., Ms. Kavya Shukla, Adv., Mr. Rashneet Singh, Adv. Ms. Sana Parveen, Adv. Officers Present: Ashutosh (Executive Engineer), Gaurav Meena (AE), Vikash (AD), Vishnu Kumar JSA PM-UDAY, Vimal Kumar JSA PM-UDAY. Mr. Pawan Reley, Mr. Akshay Lodhi, Mr. Gaurav Kumar, Mr. Kashif Athar, Ms. Simran Singh & Mr. Tanish Rawat, Advs. for Applicants; Mr. Anuj Chaturvedi, Adv. for DUSIB.

Case title: Maharani Bagh Co-Operative House Building And Welfare Society Ltd., & Anr. v. Union of India & Ors.

Citation: 2025 LiveLaw (Del) 522

Case no.: W.P.(C) 13190/2024

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