Delhi High Court Orders Demolition Of Madrasi Camp Encroaching Upon Barapullah Drain
In order to remove encroachment and unauthorized construction on the Barapullah drain, the Delhi High Court has ordered the demolition of the Madrasi Camp and the smooth rehabilitation of the Camp dwellers. The High Court made it clear that none of the dwellers can claim any rights beyond the right of rehabilitation, as the land is public land which is encroached upon.
The application before the Delhi High Court was filed by one of the JJ dwellers, seeking a stay of Demolition Notice. There was another application filed by an ad-hoc union about 104 residents of Madrasi Camps.
The Division Bench of Justice Prathiba M. Singh and Justice Manmeet Pritam Singh Arora directed, “This Court is of the view that the relocation of the Madrasi Camp dwellers to Narela is of utmost urgency and significance, particularly in light of the approaching monsoon season. Timely clearance of the Barapullah drain is imperative to prevent severe waterlogging in the adjoining areas.”
“The rehabilitation of the Madrasi Camp dwellers is also essential for the de-clogging of the Barapullah Drain. None of the dwellers can claim any rights beyond the right of rehabilitation, as the land is public land which is encroached upon”, it added.
Advocate Vrinda Grover represented the Petitioners while Senior Advocate Parvinder Chauhan represented the Respondent.
Factual Background
The Court had taken note of the fact that several drains discharging into the Yamuna River had been unauthorisedly encroached upon, with illegal construction having been carried out, resulting in blockage of the said drains and contributing to pollution in the river. The same also led to severe clogging and waterlogging during rains in several parts of Delhi. The Madrasi Camp was found to be an illegal construction/encroachment on the bank of the Barapullah drain.
In 2024, the High Court had directed the Vice Chairman, DDA, to ensure the removal of all encroachments and unauthorised constructions along the Yamuna River belt, including on the drains leading into the Yamuna River. Certain applications were filed by dwellers of the Madrasi Camp, seeking a direction that they ought not to be evicted until appropriate rehabilitation measures are put in place.
Arguments
It was the case of the Petitioner that they do not have the right to reside in the encroached area, and the only prayer that the residents of the Camp have is for proper rehabilitation.
Reasoning
The Bench noted that the demolition was kept in abeyance during this entire period since September, 2024 and the residents of the Madrasi Camp were fully aware of these proceedings, as most of the residents of the Camp had participated in the Survey, which was conducted to evaluate eligibility for rehabilitation.
“After having considered the entire matter comprehensively and the general circumstances currently prevalent, this Court is of the opinion that the demolition ought to be done in a systematic manner. The rehabilitation of the Madrasi Camp dwellers is also essential for the de-clogging of the Barapullah Drain. None of the dwellers can claim any rights beyond the right of rehabilitation, as the land is public land which is encroached upon”, the Bench said.
The Bench thus directed that the Authorities (DDA, MCD, DUSIB, PWD, GNCTD) shall hold two camps for handing over possession letters of the Narela flat and for the purpose of sanctioning loans, if required. The Bench also asked the DDA/DUSIB to ensure that all the amenities in the flats such as fixtures and fittings are available, by May 20, 2025.
The Bench further ordered, “After 20th May, 2025, the eligible persons/dwellers from the Madrasi Camp shall start moving their belongings to the respective flats allotted to them in Narela. If any of the residents choose not totake the possession letters or avail of loan facilities, no further opportunity shall be granted to them for seeking allotment of the flats at Narela or any rehabilitation camps.From 20th May, 2025 to 31st May, 2025, all the belongings shall be moved from the Madrasi Camp.”
“The demolition of the Madrasi Camp shall commence from 1st June, 2025”, the High Court ordered.
Cause Title: Shabnam Burney v. Union of India& Ors. (Neutral Citation: 2025:DHC:3525-DB)
Appearance:
Petitioners: Advocates Vrinda Grover, Prasanna J., Rupali Samuel, Devika Tulsiani, Soutik Banerjee, Choudhary Ali Zia Kabir, Sumayya Khatoon
Respondent: Senior Advocate Parvinder Chauhan, Advocates Anuj Chaturvedi, Aakriti Garg, Pr. Director Harshita Maheshwari, Advocates P.K.Jha, Pranav Siroha. Standing Counsel Prabhsahay Kaur, Panel Lawyer Deeksha L. Kakar, Advocates Aditya Verma, Kavya Shukla, Rashneet Singh, Sana Parveen, Deputy Director Harish Chandra Sharma, AD PMAY Vishwajeet Gahlot, Advocate Sumit K. Batra
