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Updated by
Published on
July 9, 2023
July 11, 2023
Edited on
July 9, 2023
In February 2023, the Delhi Development Authority (DDA) conducted a demolition drive in the Mehrauli Archaeological Park area, razing approximately 25 structures. A large number of police personnel were deployed during the demolition, which was carried out in accordance with an order issued by the DDA on 12th December 2022.
The order instructed over 700 families residing in the area to remove all unauthorised encroachments within 10 days, citing the constructions as being illegal and obstructive to the development of the Mehrauli Archaeological Park.
This action by the DDA follows a protracted court battle initiated in 2015 by the Indian National Trust for Art and Cultural Heritage (INTACH), who filed a petition (W.P.(C) 4302/2015) seeking protection for 124 heritage monuments, including 60 within the Mehrauli archaeological park, from encroachment and defacement.
According to INTACH's lawyer, among the 60** **monuments, 5 are protected by the Archaeological Survey of India (ASI), 17 by the Delhi Government, while the ownership of the remaining monuments is unclear.
The eviction notices were served to various residents, including those living in apartment complexes, jhuggi jhopri dwellers within a Delhi Waqf Board property, and over 450 families from Gosiya Colony.
Bulldozers arrived on 10th February following another notice issued on 3rd February, leading to the filing of multiple petitions with the Delhi High Court in an attempt to halt the demolition order.
Residents of the apartment complexes filed petitions seeking a stay, arguing that the land on which their houses are built is not included in the demolition order. However, demolition action is being proposed for their properties. They have also submitted that they are the rightful owners of the houses and possess sale and title deeds as evidence.
The Gosiya Colony Sewa Samiti, representing more than 400 residents of Gosiya Colony, also filed a petition in the Delhi High Court, demanding a stay on the demolition order. They argued that they were entitled to benefits under the Delhi Slum & JJ Rehabilitation and Relocation Policy, as their cluster of jhuggis had been officially recognised by the Delhi Urban Shelter Improvement Board.
While the Court granted a stay for specific locations mentioned in the order, the DDA continued demolishing houses for the next four days, targeting those not protected under the Court's order. Local residents, who claimed rightful ownership of the land or entitlements under the law, continued their protest against the demolition drive.
The demolitions were finally halted on 14th February 2023, following a meeting between the residents and the Lieutenant Governor of Delhi, who ordered the DDA to cease its demolition drive in Mehrauli and the adjacent Ladha Sarai village until further instructions.
Currently, multiple petitions are being heard at the Delhi High Court concerning the claims of ownership and anomalies in the demarcation report prepared in 2021 for the petition filed by INTACH (on the basis of which these demolitions are taking place). The next hearing for those petitions is scheduled for October 2023.
There is also confusion regarding the land where the alleged encroachments occurred, as it belongs to various land-owning agencies, including the ASI and the Waqf Board. The Court has sought clarification on this matter.
On 11th February, the Minister of Revenue, Kailash Gahlot, ordered a fresh demarcation exercise to be conducted in the presence of the affected residents.
These demolitions come a month before G-20 meetings are scheduled to be hosted in the Archaeological Park in Delhi.
Demand for rehabilitation
Demand to retain/protect access to common land/resources
Urban
Common and Private
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
Detention
How many people did the police detain or arrest?
5 individuals on 10 February 2023
What is the current status of the detained/accused persons?
Released from detention
Did the person face any violence while in police custody?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Residential area
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
No
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
No
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Non-consultation with stakeholders
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
No
Name of the adjudicatory body
Name(s) of the Court(s)
Delhi High Court
Case Number
W.P. (C) 1845/2023, W.P.(C) 17480/2022, W.P.(C) 1780/2023, W.P.(C) 17520/2022, W.P.(C) 1769/2023
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
1. Five individuals were detained and later released by the policy for protesting the demolitions taking place. Among those detained were Aam Aadmi Party’s Malviya Nagar and Mehrauli legislators Somnath Bharti and Naresh Yadav. (https://www.hindustantimes.com/cities/delhi-news/dda-demolition-drive-in-mehrauli-sparks-protest-detentions-politics-101676053001982.html) 2. A group of women were detained on 12 February 2023 for protesting against the demolitions that were taking place. In an official statement by the Deputy Commissioner of Police, a few women were detained under Section 65 of the Delhi Police Act. The women were detained for allegedly throwing chilli powder on the police personnel. They were released later the same day. (https://www.thehindu.com/news/cities/Delhi/mehrauli-demolitions-continue-police-detain-women-protesters/article66501693.ece)
Date of Violation
February 9, 2023
Location of Violation
Gosiya Colony
Nature of Protest
Advocacy (for inclusion in courts)
Protests/marches
Media-based activism/alternative media
Government Departments Involved in the Conflict:
Delhi Development Authority, Delhi Urban Shelter Improvement Board, NCT of Delhi, Archaeological Survey of India
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
What was the action taken by the police?
Detention
How many people did the police detain or arrest?
5 individuals on 10 February 2023
What is the current status of the detained/accused persons?
Released from detention
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
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