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Legal Review by
Edited by
Updated by
Published on
July 3, 2023
July 5, 2023
Edited on
July 3, 2023
On May 19, 2023, the Ministry of Housing and Urban Affairs issued demolition notices to the residents of Priyanka Gandhi Camp, a jhuggi jhopri basti located in the affluent area of Vasant Vihar, New Delhi. The notices cited the houses were illegally built on land allotted to the National Disaster Response Force (NDRF) for their Delhi headquarters.
In response, the Priyanka Gandhi Camp Adhikar Manch filed a writ in the Delhi High Court, seeking a stay on the demolitions and rehabilitation under the 2015 DUSIB Policy.
The residents of Priyanka Camp claim they have been living there for the past three decades and are included in the additional list of 82 bastis, which was released as a supplement to the previous 675 JJ basti list. And therefore were eligible for rehabilitation by the Delhi Urban Shelter Improvement Board (DUSIB).
The matter was heard on May 30, 2023, during which the NDRF claimed that they were allotted the land in January 2020 for constructing their headquarters.
The counsel for DUSIB acknowledged that Priyanka Camp was indeed listed in the additional 82 JJ basti list. However, during the proceeding, they arbitrarily claimed that the residents of Priyanka Camp are not entitled to the same rights under the 2015 policy as those listed in the 675 JJ basti list.
The Delhi High Court extended the demolition date from June 2, 2023, to June 15, 2023. The court directed DUSIB to provide temporary accommodation in shelters to the residents and instructed them to work with the Delhi Development Authority (DDA) to determine the eligibility of the residents under the 2015 DUSIB Policy.
However, following the court proceedings in May 2023, the additional list of 82 notified bastis has now been withdrawn and removed from the DUSIB website.
According to Nirmal Gorana, the convenor of the Mazdoor Awaas Sangharsh Samiti, police and NDRF, National Disaster Management and Restoration Centre (NDMRC), and Central Reserve Police Force personnel arrived at Priyanka Gandhi Camp on 15 June intimating residents to clear their belongings and vacate the premises.
Residents claimed the demolition team arrived as early as 3 AM. They were swiftly removed from the premises by 6 AM, and the area was completely cordoned off, preventing everyone from accessing the site during the demolitions.
Residents attempting to retrieve their belongings were unable to do so. Confrontations between the police and activists led to the detention of three people. However, they were released on the same day.
Nirmal Gorana further added that the affected residents have been offered temporary accommodation, but they are unwilling to relocate to shelters located on the outskirts of the city. Gorana pointed out that many of the residents have dispersed throughout Delhi, seeking refuge with relatives or renting houses in the nearby areas. He strongly emphasised that the recent demolitions in Priyanka Gandhi Camp are indicative of a concerning trend in Delhi, characterised by a rise in demolitions and a lack of proper rehabilitation measures.
The recent demolition at Priyanka Gandhi Camp has left nearly 500 individuals homeless. Although the petition in the High Court was filed on behalf of 69 families, an official statement by the Inspector General of NDRF confirmed that 97 settlements were demolished, and 1.6 acres of land were recovered.
Demand for rehabilitation
Complaint against procedural violations
Demand to retain/protect access to common land/resources
Urban
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
Detention
How many people did the police detain or arrest?
3
What is the current status of the detained/accused persons?
Released from detention
Did the person face any violence while in police custody?
No
Did the person face any violence while in police custody?
No
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?
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.
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-rehabilitation of displaced people
Forced evictions/dispossession of land
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) 7664/2023, LPA 501/2023
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Arrest/detention/imprisonment
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
The police had created a blockade around Priyanka Gandhi Camp, not allowing any residents or media persons to enter. Residents attempting to retrieve their belongings were unable to do so. Confrontation between the police and activists led to the detention of three people. They were taken to Vasant Vihar police station, and their phones were confiscated. However, they were released on the same day.
Date of Violation
June 15, 2023
Location of Violation
Priyanka Gandhi Camp, Vasant Vihar
Nature of Protest
Media-based activism/alternative media
Government Departments Involved in the Conflict:
Ministry of Housing and Urban Affairs, National Disaster Response Force, Delhi Urban Shelter Improvement Board, Delhi Development Authority
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?
3
What is the current status of the detained/accused persons?
Released from detention
Did the person face any violence while in police custody?
No
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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