Delhi High Court rejects plea to stop demolition of Pakistani Hindu refugee camp

The Delhi High Court recently dismissed a plea to restrain the Delhi Development Authority (DDA) from demolishing the Pakistani Hindu refugee camp at Majnu Ka Tila, which lies on the banks of the Yamuna river [Ravi Ranjan Singh Vs Delhi Development Authority & Anr.]..Justice Dharmesh Sharma noted that the camp, which houses around 800 residents, was situated in the Yamuna floodplains area. The Court was informed that the DDA is under pressure to clear out encroachments in the area, in the interest of protecting river Yamuna, as directed by the National Green Tribunal (NGT).The High Court concluded that it cannot interfere with such ongoing restoration and rejuvenation efforts, regardless of humanitarian or sympathetic considerations.“There remains no doubt that protecting the ecologically sensitive Yamuna floodplains is necessary, not only from an environmental standpoint but also in compliance with the categorical and consistent directions of the Supreme Court, the NGT, as well as this Court. These directives aim to preserve ecological integrity and secure the fundamental human right to a clean and healthy environment for the residents of Delhi and future generations,” the Court added..The Court also noted that it had earlier made sincere efforts to engage with the concerned authorities to facilitate the rehabilitation and relocation of the refugees. Notably, the Union Ministry of Housing and Urban Affairs (MoHUA) had earlier told the Court that it does not have any role in the matter, and that further steps were primarily up to the DDA. A meeting was later convened by the DDA's Vice-Chairman to discuss the issue, on the Court's suggestion. However, no one from the MoHUA turned up for this meeting, the Court noted. Later, the Union Ministry of Home Affairs (MHA) submitted that the refugees have an option of applying for Indian citizenship under the Citizenship Amendment Act, 2019 (CAA). The MHA added that it had no further role to play in this case. "With regard to the relocation of the Pakistani Hindu migrants. it is respectfully submitted that the same does not fall within the domain of Ministry of Home Affairs, and the same has to be undertaken by the concerned land-owning agency," the MHA's affidavit said. .Criticising the authorities' reluctance to take the initiative to relocate and rehabilitate the Pakistani-Hindu refugees, the Court said,"This Court made sincere efforts to engage with the concerned authorities to facilitate the rehabilitation and relocation of the refugees. However, these efforts have been unfruitful, seemingly due to a classic case of bureaucratic buck-passing, particularly on the part of the respondent no. 2/ Union of India.".The Court added that it cannot undertake the exercise of framing a policy to ameliorate the plight of the refugees. “In conclusion, the petitioner and other similarly placed refugees have no right to continue to occupy the area in question. Resultantly, the interim order dated 12.03.2024 passed by this Court stands vacated,” the Court's May 30 order said..Advocates RK Bali and Meghna Bali represented the petitioner.Advocates Prabhsahay Kaur, Deeksha L Kakar, Aditya Verma, Rashneet Singh, Sana Parveen represented the DDA.Advocates Arnav Kumar and Savi Garg represented the Union of India.[Read Order]