Six months since the demolition of Madrasi Camp – a settlement of Tamil-speaking migrants in Capital’s Jangpura – the Delhi High Court on Tuesday again warned the Delhi Development Authority (DDA) and the Delhi Urban Shelter Improvement Board (DUSIB) of being liable to be held in “wilful disobedience” of its orders for not providing rehabilitation to five families/households initially found to be eligible for rehabilitation.
While an appellate body had held these families to be eligible for rehabilitation, the DUSIB CEO had subsequently overturned the body’s orders, forcing the families to move HC.
In May, the HC had stayed the DUSIB CEO’s order overturning their eligibility for rehabilitation and directed DDA to provide the families with the provisional demand-cum-allotment letter for alternative housing or dwelling unit.
The HC, in an order on September 26, had recorded that “prima facie, the respondents (authorities) are collectively in wilful disobedience of the orders passed by this court”.
However, before issuing further orders against the authorities, Justice Sachin Datta had directed that a meeting be convened between Director (Housing-PMUDAY/DDA), senior DUSIB officials and the concerned PWD chief engineer within two weeks “to resolve the matter and to make sure that the orders passed by this court are complied with”.
On Tuesday, DDA informed the court that the provisional allotment letter for alternative accommodation will be provided, subject to the families paying a “beneficiary contribution” as per a 2015 DUSIB rehabilitation policy, which is more than Rs 1 lakh.
However, the petitioners pointed out that such a demand was not made to the 189 families found eligible for rehabilitation.
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Of the 370 families, 182 were found to be ineligible for rehabilitation. Several of these ineligible families had then filed appeals before DUSIB, seeking reconsideration. Meanwhile, the 189 eligible families have been provided alternative accommodation in Narela.
Justice Datta on Tuesday recorded that while the authorities held a meeting in September – as was directed – “however, it appears that resolution still continues to evade the concerned authorities in as much as the provisional allotment letters have not been issued despite the (court’s) directions…”
Noting that “there is no reason why the petitioners be treated differently and be required to pay beneficiary contribution directly to DDA as a precondition for compliance of (court’s September) order”, the HC again directed DDA to comply with its direction and “issue provisional demand-cum-allotment letter without insisting on beneficiary contribution”.
The HC will hear compliance reports regarding its direction on February 2 – the next date of hearing. It recorded that in case of non compliance, it “shall be construed as wilful disobedience” by the authorities and “the concerned official is required to be present in court”.
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In March, observing that the Barapullah drain was blocked due to the Madrasi Camp, the HC had directed for its demolition, which was undertaken on June 1.
Prior to its demolition, the court had directed DDA and DUSIB to ensure amenities at the flats in Narela – allotted to eligible Madrasi Camp dwellers – and directed the authorities to hold special camps to handover possession letters and facilitate bank loans.
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