Delhi HC refuses to interfere with Yamuna Bazar eviction notices

The Delhi High Court on Tuesday refused to interfere with eviction notices issued to residents of the ecologically sensitive Yamuna Bazar area.

On May 5, the Delhi Disaster Management Authority (DDMA) issued notices to around 310 residential structures in Yamuna Bazar, directing occupants to vacate the area within 15 days, failing which demolition action could be initiated.

Justice Purushaindra Kumar Kaurav said the petition filed by the Yamuna Bazar Residents Welfare Association challenging the notices was not maintainable as it lacked “binding affidavits” from residents to “bear the consequences” of the petition.

“This court is not inclined to entertain the writ petition. This petition is not a PIL and has been filed by the association at the instance of residents. In the absence of authorisation, the petition is not maintainable,” the court said while rejecting the plea. The court, however, clarified that the petitioner would be at liberty to file a proper petition with authorisation from residents.

In the petition, the association challenged the “mass eviction” notices issued by the DDMA, asserting that they were based on “generalised assumptions and speculative apprehension”.

It said the construction on the ghats was not a “recent encroachment” or in the nature of jhuggis, and that records showed the “long-standing continuity and recognition of Panda communities residing and performing religious functions at the said ghats”.

‘Serious threat’

According to the DDMA, Yamuna Bazar is “inundated during the annual Yamuna floods”, posing a serious threat to human life, cattle and property.

On May 18, on the directions of the DDMA, the Delhi Development Authority issued a fresh notice directing residents to “voluntarily vacate the government land and remove all encroachments, temporary or permanent structures, and belongings within 15 days from the date of issue of the notice”.