The Delhi High Court today asked the counsel for the residents of the Goshiya colony slum in Mehrauli to provide a list of identity documents of 467 residents. The matter has been listed on March 14 for further hearing. The petitioner is before the court challenging the demolition of the colony by the DDA.
Justice Manmeet Pritam Singh Arora asked advocate Anupradha Singh to serve a list of the identity documents to the counsel of the DDA and DUSIB by Wednesday. The bench has also asked her to file a rejoinder to the affidavits filed by the DDA and DUSIB.
Advocate Anupradha sought time to file a rejoinder to the affidavits. The court has granted one week’s time to her.
The DDA in its affidavit has stated that the land in question falls in Mehrauli Archaeological Park which forms part of the Southern Central Ridge where a large number of historical world-famous monuments exist which are protected/unprotected and maintained by the Archeological Survey of India (ASI).
It is stated in the affidavit As per the land record maintained by the DDA, it is submitted that the land subject matter of the present petition false in khasra number 216 and 217 villages Ladha Sarai Mehrauli New Delhi it is also submitted that Khasra Number 217 is an acquired land.
It is also submitted that this land has been earmarked as green in the master plan of Delhi since the beginning and is to be developed and maintained as green and to be conserved under the Mehrauli Heritage Zone.
It is further submitted that the area is notified as reserved for rest through a notification issued under the Indian forest act 1927 being situated at the Western side of the road going to Andheria more from Qutub.
On February 17, the court asked the DDA and DUSIB to file their affidavit on the plea of residents of the Goshiya slum colony in Mehrauli which they have filed.
The bench had asked the standing counsel for DDA to file an affidavit along with documents and Google images.
The high court had asked the counsel for DUSIB to mention the grounds for adding the petitioner colony to the list of notified JJ clusters and its deletion later on.
The plea has been filed by the Goshiya colony sewa samiti and others through advocate Anupradha Singh.
The petitioners have challenged the December 12, 2022 demolition notice served to the residents of Goshiya Slum Colony.
The Gosiya Slum Colony has been in existence for more than 50 years and consists of more than 700 houses, with about 4,000 population, the petition stated.
It is stated that this colony is situated in Khasra nos.217, 216 269, 368/220, 869 and 870. As per the notice of demolition, only khasra nos. 216 and 217 are part of Mehrauli Archaeological Park, however, DDA purports to carry out the demolition drive of the entire Goshiya Colony.
It has been argued that almost all the residents of the slum colony have documents prior to 2015 as required by DUSIB for rehabilitation under the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 and the colony also finds mention at serial no.18 of Additional DUSIB List.
Therefore, the eviction notice served to the petitioner’s members is entirely illegal, the petitioner contended.
It is stated that a demolition drive cannot be carried out without following the protocol for removal of jhuggis as per the order of this high Court in the Ajay Maken & Ors v. Union of India case.
It is also stated that the protocol makes it clear that before conducting any demolition drive, the land-owning agency has to send a request to DUSIB, which will examine whether the Basti is eligible for rehabilitation as per the cut-off.
Only when DUSIB has ascertained that the basti is not eligible for rehabilitation, the land-owning agency can initiate proceedings for demolition as per law, the petition stated.
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