Delhi
Ladha Sarai, Gosiya Colony, Aam Bagh
,
Mehrauli
,
South West Delhi
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Demolitions carried out in Mehrauli over five days in Delhi; residents protest
Reported by
Asmi Sharma
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
4000
Households affected
People Affected
2022
Year started
1
Land area affected
4000
Households affected
People Affected
2022
Year started
1
Land area affected
Key Insights
Sector
Infrastructure
Reason/Cause of conflict
Urban Development (Other than Smart Cities)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

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.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

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?

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?

Author
Reported by
Asmi Sharma

Delhi

Kumar Sambhav is a social entrepreneur and award-winning journalist, leading innovative research in accountability investigations. He is the founder of Land Conflict Watch and is currently working as India Research Lead with Princeton University’s Digital Witness Lab.

Read More

Latest updates
Rajasthan
Rajasthan

UIT Bikaner's Jorbeer Housing Project on Stalls Following Rajasthan High Court Order

Rajasthan
Rajasthan

Jaipur Development Authority Acquires Land for Township Project, Ending Conflict

Uttar Pradesh
Uttar Pradesh

Farmers land acquired under Mansarovar Housing Scheme in Lucknow

Maharashtra
Maharashtra

Citizens unite against cycle track around Powai, Vihar Lakes in Mumbai

Jharkhand
Jharkhand

Families displaced by Mandal Dam in Jharkhand opppose project resumption

Jharkhand
Jharkhand

Jharkhand approves Adani's thermal plant, farmers allege violation of LARR Act

Gujarat
Gujarat

Pastoral Community in Gujarat's Banni Grasslands Demands Titles Recognising Community Forest Rights

Uttar Pradesh
Uttar Pradesh

Builder Encroaches Upon Farmers Land in Gosaiganj Lucknow, 150 Allottees in Lurch

Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Demolitions carried out in Mehrauli over five days in Delhi; residents protest

Reported by

Asmi Sharma

Legal Review by

Anmol Gupta

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

July 9, 2023

August 12, 2024

Edited on

July 9, 2023

Sector

Infrastructure

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Starting Year

2022

Land Area Affected (in Hectares)

1

ha

Households Affected by Conflict

4000

People Affected by Conflict

State

Delhi

Sector

Infrastructure

People Affected by Conflict

Households Affected by Conflict

4000

Land Area Affected (in Hectares)

1

ha

Starting Year

2022

Location of Conflict

Mehrauli

Ladha Sarai, Gosiya Colony, Aam Bagh

South West Delhi

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Land Conflict Summary

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.

Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common and Private

Type of Common Land

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?

Legal Data

Categories of Legislations Involved in the Conflict

Legislations/Policies Involved

Delhi Ancient and Historical Monuments and Archaeological Sites and Remains Act, 2004
Section 2(a) [Defines an ancient monument as an archaeological site that has been in existence for more than 100 years] Section 17 [Prohibits construction of any kind within 50 metres of the ancient monument] Section 20 [Director of Archaeology of state government must issue a notice in writing to all affected parties for eviction from the premises of the monument. The director must publicize the notice and give an opportunity to affected parties to be heard] Section 21 [Director must make order of eviction in writing with reasons. At least 15 days must be given from publication of notice to evict such persons]
Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015
Section 2 [Jhuggis which have come up before 2015 to not be demolished without providing alternate housing. DUSIB to provide alternate housing on the same land or within a radius of 5 km]
Delhi Urban Shelter Improvement Board Act, 2010
Section 2 [The Delhi Urban Shelter Improvement Board has the power to notify Jhuggi Jhopri Bastis by notification] Section 9 [The Delhi Urban Shelter Improvement Board has the power to make a survey of any Jhuggi Jhopri Basti. The aim of these surveys is ascertaining the number of residents as well as health, sanitation and civic amenities] Section 12 [The Board has the power to make schemes for collective community rehabilitation for residents of Jhuggi Jhopri Bastis affected by redevelopment]
Sudama Singh v. Deepak Mohan Spolia (C.A. No(s). 21806-21807/2017, Supreme Court)
The Delhi High Court in the case had directed that before any eviction, the relevant authority must identify evictees eligible for relocation and rehabilitation. The state authorities must also ensure that basic civic liberties are ensured at the site of relocation. The Supreme Court confirmed this decision and stated that the directions passed in the High Court judgment must be complied with precisely.
Report of the Special Rapporteur on Adequate Housing, A/HRC/RES/43/14, dated July 6, 2020
The Guidelines state that the government must provide just compensation and sufficient accommodation to evictees immediately. At a minimum, the government must provide access to basic facilities such as food, water, and shelter, among others
  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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

Three sets of petitioners have approached the High Court regarding demolition orders served to residents living in the Mehrauli Archaeological Park area. 1. In the cases of W.P. (C) 1845/2023, W.P.(C) 17480/2022, and W.P.(C) 1780/2023, apartment residents who were served with eviction notice in December 2022 have approached the Court. The court is currently hearing these petitions collectively. A stay has been granted on the demolitions, and the court has instructed the Delhi Development Authority to clarify the claims regarding the title and possession of the land in question. 2. In W.P.(C) 17520/2022, the petitioner claimed to possess title deeds as the caretaker of the land, which is a private graveyard and a property of the Delhi Waqf Board. However, the Court dismissed the petitioners' claims, stating that they failed to demonstrate any right to remain in the graveyard. Consequently, the Court ordered the removal of all jhuggi jhopris located within the graveyard. 3. In W.P.(C) 1769/2023, the Gosiya Colony Sewa Samiti, representing over 400 residents of Gosiya Colony, filed a petition in the Delhi High Court against demolition order issued by DDA in December 2022. In the petition, the residents are demanding rehabilitation as they belong to a cluster of jhuggis that have been officially recognized by the Delhi Urban Shelter Improvement Board. Another writ petition (W.P.(C) 2250/2023) has also been filed by an additional 18 individuals residing in Gosiya Colony. The matters are being heard together by the Court who has granted a stay on the demolitions till concerned authorities are able to determine the eligibility of petitioners. The next hearing for these cases is scheduled for November 2023.

Major Human Rights Violations Related to the Conflict:

Arrest/detention/imprisonment

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

Additional Information

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:

Information on the use of criminal law

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?

Resources

Resources Related to Conflict

  • News Articles Related to the Conflict:
  • Documents Related to the Conflict:
  • Links Related to the Conflict:

Images

Image Credit:  

Image Credit:  

Video

Other Land Conflicts in Delhi

cross
    Not a member yet?
    Sign up now
    Conflicts Map
    Conflict Database
    About Us