Pak Hindu refugee camp faces demolition as Delhi HC guidelines in favour of Yamuna floodplains

Justice Dharmesh Sharma on May 30 dismissed the petition in relation to 800 such refugees from the neighbouring nation, which additionally sought instructions to the authorities for alternate lodging.

The court docket noticed that safety of the floodplains aimed to safe the basic human proper to a clear and wholesome atmosphere for Delhi residents and future generations.

The verdict stated it even Indian residents couldn’t declare alternate allotment as an absolute proper in instances the place the occupied land fell in prohibited areas just like the Yamuna floodplains.

Refugees, it stated, had no proper to proceed to occupy the realm as the federal government of India made no guarantees to them on offering an allotment or alternate lodging.

Support and help have been offered to the restricted extent that their respective functions for the grant of a “Long Term Visa” may very well be submitted efficiently and determined by the Ministry of Home Affairs as expeditiously as doable, it added.

The court docket, nevertheless, recorded its “sincere efforts” to interact with the authorities to facilitate the rehabilitation and relocation of the refugees in useless”, seemingly as a consequence of a traditional case of bureaucratic buck-passing, notably on the a part of the Centre.

“Nevertheless, this court cannot undertake the exercise of framing a policy to ameliorate the plight of the refugees. The present writ petition is accordingly dismissed,” the court docket stated.

The judgment stated little question defending the ecologically delicate Yamuna floodplains was obligatory not solely from an environmental standpoint but in addition consistent with the explicit instructions of the Supreme Court, the NGT, and the excessive court docket.

“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. Given the critical condition of the Yamuna River, this court unhesitatingly finds that no interference with the ongoing restoration and rejuvenation efforts of the river can be countenanced at the petitioner’s instance,” it stated.

The court docket stated that beneath the Delhi Slum & JJ Rehabilitation and Relocation Policy of the Delhi Urban Shelter Improvement Board, Pakistani refugees couldn’t be rehabilitated on account of their overseas nationality standing.

Refugees, it famous, have been to first purchase Indian citizenship by means of registration or naturalisation beneath Section 10A of the Citizenship Amendment Act, 2019.

“Needless to state, the effect of the acceptance of such an application would be that the aggrieved refugees shall be deemed citizens of India and would be able to enjoy all rights and benefits available to any ordinary citizen of India,” the court docket stated.

The petitioner moved the excessive court docket after a public discover dated March 4, 2024, was pasted within the space asking the residents to vacate their dwellings by March 6, 2024, failing which the DDA would demolish their camp.

The petitioner argued that the Pakistani Hindu Refugees had been dwelling in Majnu Ka Tilla for a number of years, with fundamental amenities being offered by the authorities.

The court docket initially granted interim reduction to the petitioner and restrained DDA from taking any coercive motion.