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Legal Review by
Edited by
Updated by
Published on
February 15, 2023
May 26, 2023
Edited on
February 15, 2023
Between June and August 2022, over 100 families of Gyaspur Basti were evicted from their homes in a series of demolition drives carried out by the Delhi Development Authority (DDA). According to the DDA, the demolitions were carried out in areas identified for eco-restoration plantation as a part of the restoration and rejuvenation of the Yamuna River floodplains in compliance with multiple the National Green Tribunal orders.
Situated in Sarai Kale Khan, Nizamuddin East - Gyaspur Basti was a settlement of two clusters of approximately 100 low-income households. Most residents in the basti belonged to Schedule Caste Communities and had migrated to Delhi from Uttar Pradesh in search of employment opportunities. Community members claimed they have been residing in the area since 1995.
On 27 June 2022, DDA officials with Delhi Police arrived at Gyaspur and demolished 20-30 structures after having only orally informed residents about the demolition a week prior. Residents immediately filed a plea in Delhi High Court to halt further demolitions. And also sought directions for the concerned agencies - DDA and Delhi Urban Shelter Improvement Board (DUSIB) to follow the established procedures and rules laid down in Delhi's 2015 slum rehabilitation policy. Submitting documents to show they had been residing in the area before 2006, the petitioners cited landmark judgements on slum evictions like Sudama Singh and Others vs. Government of India and Ajay Maken and Others vs. Union of India in their application to the court. The DDA on its part had submitted google earth images of the area dating back to 2004, 2006 and 2022 to show that the clusters have not existed since the past two decades.
A stay order was granted by Delhi High Court to maintain status quo till 11 July 2022. But DDA officials returned to the basti on 6 July 2022 and demolished more houses. On 4 August, 2022, the Delhi High Court vacated its initial stay order. The reasoning offered by the court was that since the Gyaspur basti was not included in any notified lists of Jhuggi Jhopri clusters, its residents could not claim protection under the landmark judgements. But the court also said that the DDA and Delhi Urban Shelter Improvement Board (DUSIB) should provide alternate shelter arrangements for the residents of the basti.
On 5 August 2022, DDA put up eviction notices informing residents of Gyaspur that the basti would be demolished and that provisions for accommodation had been made in Shelter Homes run by DUSIB in Sector 1, Dwarka - nearly 27 kilometres away.
Demolitions were carried out in Gyaspur on 8 August 2022, and according to the DDA website 2 acres of land have been reclaimed. This land is now part of an area of 10 hectares of the Yamuna floodplain that is being developed as a bamboo theme recreational park titled project ‘Baansera’ and was inaugurated by the Lieutenant Governor of Delhi, Mr Vinod Kumar Saxena on 9 August 2022.
Demand for rehabilitation
Demand to retain/protect access to common land/resources
Complaint against procedural violations
Urban
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
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
Project underway despite protests
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
Yes
Source/Reference
Judgement
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Page Number In Investment Document:
Has the Conflict Ended?
When did it end?
August 2022
Why did the conflict end?
After serving notice on 5 August 2022, DDA officials demolished residences in Gyaspur Basti on 8 August 2022. More than 100 dwellings were demolished according to media reports. Temporary location has been provided to those displaced in Shelter Homes run by DUSIB in Dwarka Sector 1, nearly 27 kilometers away from where the residents were residing.
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.
Whether claims/objections were made as per procedure in the relevant statute
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:
Forced evictions/dispossession of land
Non-rehabilitation of displaced people
Violation of fundamental rights
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
Delhi High Court
Name(s) of the Court(s)
Case Number
W.P.(C) 9625/2022, W.P.(C) 9628/2022
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Government Departments Involved in the Conflict:
Delhi Development Authority, Delhi Urban Shelter Improvement Board, Delhi Police
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?
No
Communities/Local Organisations in the Conflict:
Residents of Gyaspur
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
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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