New Delhi, May 22 The Supreme Court on Monday directed the Delhi Development Authority (DDA) to put on hold, for a week, the demolition drive in Vishwas Nagar on humanitarian grounds and allow residents, mostly slum dwellers, to leave on their own.
A vacation bench of Justices Aniruddha Bose and Sanjay Karol said the court did not find any fault with the single and division benches of the Delhi High Court allowing the DDA to remove the encroachments. "So far as the right of petitioners to reside at the dwelling place is concerned, we do not wish to interfere with the order passed by the Delhi High Court," it said.
Citing humanitarian grounds, the bench said it is inclined to grant seven days to vacate the premises and if people fail to vacate by May 29, it will be open for the DDA to resume the demolition activities.
The apex court, in its order, said: "On humanitarian consideration, however, we give them seven days' time to vacate their respective dwelling units. In the event they fail to vacate their respective premises by 29th May 2023, it would be open to the DDA, with the help of such agencies they normally seek assistance of, to resume their demolition activities. But till 23rd May 2023, no further demolition shall take place in respect of dwelling units which are subject of the present proceeding."
The bench issued notice to the DDA, represented by lawyer Sunita Ojha, and said the court will examine in July's second week, whether residents, who would be removed from their dwelling units, are entitled for rehabilitation either under the Delhi Urban Shelter Improvement Board Act or any other law.
The bench was informed that the demolition activity had started at 8 a.m. on Monday and the high court, on March 14, had dismissed a petition of the residents and ordered demolition after considering all their claims.
Ojha contended that the same claims were now being revived after two months.
The bench said: "We reiterate our direction that for a period of seven days, no further demolition activity shall be continued. But, so far as the demolitions which have already taken place, the same shall remain effective. We issue notice limited to the question of rehabilitation of the residents whose dwelling units are in the process of being demolished."
The top court's order came on a petition filed by some residents of the Kasturba Nagar area falling under Vishwas Nagar locality of east Delhi.
During the hearing, the residents pressed that they were seeking rehabilitation before being removed and highlighted valid identity documents possessed by them and also, they have been residing at the place for 40 years.
The petitioners' contended that their colony has not been categorised as a registered slum due, as a result of which the authorities declined to consider their rehabilitation.
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