Delhi
Janta Camp, Opposite Gate No.1, Pragati Maidan
,
Delhi
,
Central Delhi
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Public Works Department demolishes over 50 houses in Pragati Maidan, Delhi
Reported by
Asmi Sharma
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
40
Households affected
People Affected
2023
Year started
Land area affected
40
Households affected
People Affected
2023
Year started
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

On January 28, 2023, the Public Works Department (PWD) served eviction notices to the residents of Janta Camp near Pragati Maidan, instructing them to vacate their houses within 15 days.

In February, the residents filed two petitions in the Delhi High Court, seeking a stay on the demolitions until they were appropriately rehabilitated under the Delhi Slum & JJ Rehabilitation and Relocation Policy of 2015. They claimed entitlements under the 2015 Policy, asserting that their residences belonged to the Janta Camp JJ Cluster recognised by the Delhi Urban Shelter Improvement Board (DUSIB).
 
On February 14, the High Court granted a stay on the demolitions until the eligibility of the Janta Camp JJ cluster under the 2015 Policy could be determined.

However, on May 2, 2023, the Delhi High Court dismissed the matter. After conducting physical verification and reviewing submissions from various land-owning agencies, the Court concluded that the residences of the petitioners did not fall within the boundaries of the officially notified Janta Camp identified by DUSIB. The Court provided the petitioners with one month to vacate the premises and directed the PWD to proceed with the demolition after May 31, 2023.
 
On the morning of June 1, 2023, the PWD demolished over 50 houses, arriving with their bulldozers. While temporary accommodation was offered to them in shelter homes in Dwarka, most of the residents chose not to relocate, according to Nirmal Gorana, convener of the Mazdoor Awas Sangharsh Samiti. He further emphasised that most affected residents are daily wage labourers who have resided in the area for over 20 years, many of whom work as labourers at Pragati Maidan.
 
It is noteworthy that the demolished houses are situated less than 1 km away from the designated boundaries of Janta Camp, which is included in the list of 675 JJ bastis notified by DUSIB. This is despite the Delhi Urban Shelter Improvement Board Act of 2010 granting DUSIB the authority to notify scattered or nearby Jhuggi Jhopris as part of the jhuggi jhopri basti.
 
Pragati Maidan is an important site for the G-20 meetings scheduled to be held in India later this year. The demolitions are part of the recent efforts by the National Capital Territory (NCT) of Delhi to beautify the city before the summit, claimed the affected community members.

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

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?

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.

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Fact sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Demand to retain/protect access to common land/resources

Public Works Department demolishes over 50 houses in Pragati Maidan, Delhi

Reported by

Asmi Sharma

Legal Review by

Anmol Gupta

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

July 3, 2023

July 5, 2023

Edited on

July 3, 2023

Sector

Infrastructure

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Starting Year

2023

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

40

People Affected by Conflict

State

Delhi

Sector

Infrastructure

People Affected by Conflict

Households Affected by Conflict

40

Land Area Affected (in Hectares)

ha

Starting Year

2023

Location of Conflict

Delhi

Janta Camp, Opposite Gate No.1, Pragati Maidan

Central Delhi

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Land Conflict Summary

On January 28, 2023, the Public Works Department (PWD) served eviction notices to the residents of Janta Camp near Pragati Maidan, instructing them to vacate their houses within 15 days.

In February, the residents filed two petitions in the Delhi High Court, seeking a stay on the demolitions until they were appropriately rehabilitated under the Delhi Slum & JJ Rehabilitation and Relocation Policy of 2015. They claimed entitlements under the 2015 Policy, asserting that their residences belonged to the Janta Camp JJ Cluster recognised by the Delhi Urban Shelter Improvement Board (DUSIB).
 
On February 14, the High Court granted a stay on the demolitions until the eligibility of the Janta Camp JJ cluster under the 2015 Policy could be determined.

However, on May 2, 2023, the Delhi High Court dismissed the matter. After conducting physical verification and reviewing submissions from various land-owning agencies, the Court concluded that the residences of the petitioners did not fall within the boundaries of the officially notified Janta Camp identified by DUSIB. The Court provided the petitioners with one month to vacate the premises and directed the PWD to proceed with the demolition after May 31, 2023.
 
On the morning of June 1, 2023, the PWD demolished over 50 houses, arriving with their bulldozers. While temporary accommodation was offered to them in shelter homes in Dwarka, most of the residents chose not to relocate, according to Nirmal Gorana, convener of the Mazdoor Awas Sangharsh Samiti. He further emphasised that most affected residents are daily wage labourers who have resided in the area for over 20 years, many of whom work as labourers at Pragati Maidan.
 
It is noteworthy that the demolished houses are situated less than 1 km away from the designated boundaries of Janta Camp, which is included in the list of 675 JJ bastis notified by DUSIB. This is despite the Delhi Urban Shelter Improvement Board Act of 2010 granting DUSIB the authority to notify scattered or nearby Jhuggi Jhopris as part of the jhuggi jhopri basti.
 
Pragati Maidan is an important site for the G-20 meetings scheduled to be held in India later this year. The demolitions are part of the recent efforts by the National Capital Territory (NCT) of Delhi to beautify the city before the summit, claimed the affected community members.

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

Type of Common Land

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

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 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]
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]
Public Premises (Eviction of Unauthorised Occupants) Act, 1971
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
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
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.
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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.

  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

Disposed

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) 1654/2023 , W.P.(C) 1860/2023

Main Reasoning/Decision of court

30 occupants of jhuggi jhopris in the Janta Camp approached the Delhi High Court for protection against demolition orders issued in January 2023. On February 14, the High Court granted interim protection until certain key issues would be clarified. Since there was confusion regarding whether the JJ cluster would be covered by the 2015 policy, the Court stated a physical verification of the land must be undertaken by the authorities if necessary. On May 2, 2023, the matters were disposed of. The DUSIB stated that the jhuggi clusters did not fall within the identified bastis of DUSIB. Hence, no rehabilitation was required under the law. However, the Court noted that alternative accommodation in shelter homes at Dwarka would be provided to the petitioners, along with one month’s time to move to the shelter home.

Major Human Rights Violations Related to the Conflict:

No items found.

Reported Details of the Violation:

Date of Violation

Location of Violation

Additional Information

Government Departments Involved in the Conflict:

Delhi Public Works Department, Delhi Urban Shelter Improvement Boards

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:

Mazdoor Awaas Sangharsh Samiti, Basti Suraksha Manch

Information on the use of criminal law

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?

Resources

Resources Related to Conflict

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

Images

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