Delhi High Court to hear plea tomorrow to halt Jamia Nagar Dhobi Ghat demolition drive

An appeal has been filed before a Division Bench of the Delhi High Court challenging a single-judge Bench's refusal to halt the ongoing demolition drive at the Dhobi Ghat in Batla House, Delhi..The matter was mentioned this morning before Bench of Chief Justice Devendra Upadhyaya and Justice Tushar Rao Gedela, which declined to hear the matter today but added that it could be listed tomorrow. .Representing the Dhobi Ghat Jhuggi Adhikar Manch (a union claiming to represent residents of the Dhobi Ghat Jhuggi clusters), Senior Advocate Arundhati Katju told the Bench that residents were apprehensive that further demolition in the area may be undertaken soon. In this regard, she informed that certain officials of the Delhi Development Authorities (DDA) had visited the premises.She, therefore, sought interim relief in the matter. However, the Court did not pass any such interim order today and indicated that the case would be heard tomorrow..The demolition drive at the Dhobi Ghat is tied to concerns that the area is part of River Yamuna's flood plains, and that the human settlements in the area could pose environmental risks. A demolition drive was initiated in September 2020 by the DDA in the area, which is home to residents who primarily work as daily wage labourers and domestic workers. According to the residents, the demolition drive was started without any service of notice and without any arrangements to give the displaced residents compensation, rehabilitation or alternative accommodation. The residents, therefore, approached the Delhi High Court for relief. The union representing them argued that around 800 households had already been demolished. They added that because of the demolition drive, the entire area was dug up, leading to the stagnation of dirty water and worsening environmental conditions..The DDA countered that no habitation, occupation, or construction is permitted on the Yamuna floodplains, as consistently upheld by courts.On March 3 (Monday), single judge Justice Dharmesh Sharma found merit in the DDA's stance that it had lawful control over the Dhobi Ghat site and that the petition was liable to be dismissed. The single judge found that the petitioner-union had not shown that it could espouse the cause of the "unknown numbers" of residents at Dhobi Ghat and that it could not seek blanket reliefs. The Court further observed that the Dhobi Ghat site is not even capable of being inhabited by them, and that any unlawful encroachment in this area could obstruct the flow of the River Yamuna and worsen the flood situation in Delhi."The so-called members of the petitioner union, being rank tress-passers or unauthorized occupants, are not entitled to the benefit of any Rehabilitation Policy ... the unlawful construction in the area poses a significant threat to the ecologically sensitive River Yamuna floodplains," the Court added before dismissing the petition. The Court also slapped a ₹10,000 cost on the petitioner union. This ruling has now been challenged before the High Court's Division Bench by way of a Letters Patent Appeal. .[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.