New Delhi, February 17: The Delhi High Court on Friday asked the Delhi Development Authority (DDA) and Delhi Urban Shelter Improvement Board (DUSIB) to file their affidavit in the plea of residents of Goshiya slum colony in Mehrauli. Justice Manmeet Pritam Singh Arora directed the DDA and DUSIB to file their affidavits by February 21. The petitioner has been directed to file its rejoinder within three days thereafter. The matter is listed on February 28. The bench asked the standing counsel for DDA to file an affidavit along with documents and Google images.
The High Court 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. During the hearing, none appeared for the Archaeological Survey of India (ASI). Mehrauli Demolition Case: Delhi HC Directs to File Affidavit, Demarcation Report, Asks to Hold Meeting with Petitioners.
The petition 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 is in existence for more than 50 years and consists of more than 700 houses, with approximately 4,000 population, the petition stated.
It is stated that this colony is situated in Khasra no 217, 216 269, 368/220, 869 and 870. As per the notice of demolition, only khasra no 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 and 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 is entirely illegal, the petitioner contended, it is further argued
It was 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 Ajay Maken and others vs Union of India case. Mehrauli Demolition: Delhi CM Arvind Kejriwal Approves Proposal to Provide Tents, Basic Amenities to Those Affected.
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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