The Delhi High Court on Friday indicated that it may pass an order to survey the Dhobi Ghat at Delhi's Batla House to examine who all may be affected by the ongoing demolition drive in the area. .A Division Bench of Chief Justice Devendra Upadhyaya and Justice Tushar Rao Gedela was hearing a plea filed by the Dhobi Ghat Jhuggi Adhikar Manch, which is a union claiming to represent residents of the Dhobi Ghat Jhuggi clusters..This union has challenged a single-judge Bench's refusal to halt the demolition drive at the Dhobi Ghat. On March 3, the single-judge had found that the petitioner-union had not shown that it could espouse the cause of the "unknown numbers" of residents at Dhobi Ghat, and dismissed its plea. The Division Bench today expressed similar concerns."Who are the residents, how do you establish that? Who are you, who are the beneficiaries?" the Court asked.The Bench proceeded to say that it may pass an order directing a survey to be conducted so that these details are better disclosed."We will not be able to determine if you fall part of the listed colony. These are crucial aspects which needs to be found by someone needs to decide if you have been living there. Court cannot decide that. For that purpose, we will consider passing an order for a survey," the Court stated. .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 houses have 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 ₹10,000 costs on the petitioner union.This ruling has now been challenged before the High Court's Division Bench by way of a Letters Patent Appeal..Senior Advocate Arundhati Katju, representing the petitioner Dhobi Ghat Jhuggi Adhikar Manch, had earlier informed the Division Bench that the residents of the Ghat are apprehensive that further demolition may be carried out soon in the area. .Advocate Prabhsahay Kaur for the Delhi Development Authority (DDA), meanwhile, countered that the colony in question is not protected under the Additional JJ Clusters List for rehabilitation published by Delhi Urban Shelter Improvement Board (DUSIB).The matter will be heard next on April 22..[Read Live Coverage]
