Jhuggi union moves Delhi HC to halt further demolition at Dhobi Ghat

New Delhi

A slum dwellers’ representative body approached the division bench of the Delhi high court against a single-judge order refusing to halt further demolition of a slum cluster at Dhobi Ghat, Jamia Nagar, by the Delhi Development Authority (DDA). Senior advocate mentioned the plea on Wednesday by senior advocate Arundhati Katju before a bench of chief justice DK Upadhyay and justice Tushar Rao Gedela.

Katju urged the court to immediately list the matter, filed by Dhobi Ghat Jhuggi Adhikar Manch in response to the March 3 order of the single judge, asserting that residents were apprehensive of further demolition, following a visit by DDA officials.

The court said that it would list the matter for March 6.

In its 35-page order, a bench of justice Dharmesh Sharma had dismissed the petition filed by the Manch in 2021 seeking directions to the DDA to halt the demolition (if any) and maintain the status quo, with a cost of ₹10,000 taking note of the fact that the site formed a part of ecologically sensitive Yamuna floodplains in Delhi and was a significant source of pollution to the river. In September 2020, the DDA demolished temporary structures.

“In summary, there can be no iota of doubt that the petitioner union, being rank-trespass-passers and unlawfully occupying a portion of the subject site, is causing immense harm and pollution to the River Yamuna, as exemplified from the photographs placed on the record. Encroachment upon this area disrupts the natural flow of water, resulting in the diversion of watercourses and contributing to flooding in adjacent regions,” the court maintained.

Any unlawful encroachment or construction in the area, the court said, would pose a significant threat to it, since the union had failed to demonstrate the legal right, title, or interest of its member in the site. The court had observed that the removal of houses from the site served a “greater public interest” since the site was acquired by the DDA for the channelisation and protection of Yamuna.

In its petition, the petitioner asserted that the DDA had already demolished approximately 800 jhuggis and failed to make arrangements for temporary shelter for the affected families. It also contended that the DDA, because of the demolition drive, had dug up the entire area, which led to the stagnation of dirty water and worsening environmental conditions.