Delhi
Sapera Camp; Gulabo Camp; Nala Camp; Israeli Camp; Shankar Camp, Rangpuri Pahadi, Vasant Kunj
,
Rangpuri Pahadi
,
South West Delhi
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Rangpuri Pahadi notified as a 'Reserve Forest', thousands of residents face threat of eviction in Delhi; approach court to seek remedy
Reported by
Asmi Sharma
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
5500
Households affected
People Affected
2014
Year started
17
Land area affected
5500
Households affected
People Affected
2014
Year started
17
Land area affected
Key Insights
Sector
Conservation and Forestry
Reason/Cause of conflict
Forest Administration (Other than Protected Areas)
Conflict Status
Ongoing
Ended
Legal Status
Region Classification
Urban
Ended
1
Summary

In March 2022, the Forest Department of the Government of New Delhi issued a notice and schedule for demolition of settlements inside the Rangpuri Pahadi Forest Division, South Ridge - a forest reserve notified under the Indian Forest Act, 1927. The settlements that were specified for demolition included Sapera Camp, Gulabo Camp, Israil Camp, Shankar Camp, and Nala Camp. The residents were given 14 days time to vacate their homes before for the demolitions.

This demolition was initiated to comply with a 2021 order of the National Green Tribunal. According to which forest land in South Delhi was to be transferred to the State Forest Department and cleared of all encroachments.

After receiving the notice, the residents met with the Delhi Environment Minister, Gopal Rai, to halt the demolitions and demand rehabilitation under the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015. The Minister asked officials of the Forest Department and the Delhi Urban Shelter Improvement Board (DUSIB) to prepare a rehabilitation plan for the affected settlements.

A writ petition was also filed by the Rangpuri Pahadi Basti Union demanding suspension of the demolitions pending proper rehabilitation. A stay order was granted to the petitioners against the demolition in April 2022. Despite the stay order, fresh demolition orders were issued in June 2022. However, the demolitions did not take place.
 
The Rangpuri Pahadi settlements came into existence in the 1980s when labourers were recruited from neighbouring states to work in the surrounding stone-crushing factories. At that time, the settlements were built on gram sabha land, which was under the control of the Revenue Department. This land was later declared as a reserve forest under Section 4 of the Indian Forest Act to protect the sensitive ecology of the Southern Ridge. As a result, the land and the villages on it were brought under the purview of the Forest Department through a notice issued by the Lt. Governor of Delhi in 1996, which also deemed the settlements as an encroachment on forest land.

After nearly 20 years, in February 2022, the final notification under Section 20 of the Indian Forest Act was sent by the Forest Department to the Revenue Department for consideration to declare the land as a reserved forest and in March 2022, the first eviction notices were issued.
 
Evictions have been taking place in Rangpuri Pahadi since as early as 2014. But at the same time settlements have continued to exist in the area despite it being declared a reserve forest. According to a 2021 report  by the Housing and Land Rights Network, Israil Camp and Nala Camp alone comprise of 5500 houses. A housing rights activist affiliated with the residents union informed LCW that between 7000-8000 households will be affected by the new demolition orders. Another media report estimates that nearly 10,000 children living in the settlement will be impacted due to eviction.
 
The limited relief for residents is that parts of settlements in Rangpuri Pahadi are notified Jhuggi Jhopris under the list of 675 Jhuggi Jhopri Clusters identified by DUSIB. This makes the residents eligible for either in-situ rehabilitation or rehabilitation within a radius of 5 kilometres as per the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015.

This is also the grounds on which the petition has been filed in the High Court. In the last hearing in January 2023, the court noted an issue concerning the inventory of rehabilitation accommodation, which was said to be exhausted by the DUSIB. The next hearing is scheduled for September 2023. Despite the stay order on demolitions while hearings are ongoing, the threat of eviction looms large over the thousands of residents of Rangpuri Pahadi.

2
Fact Sheet

Demand/Contention of the Affected Community

Demand to retain/protect access to common land/resources

Other Demand/Contention of the Affected Community

Region Classification

Urban

Type of Land

Common

Forest

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 to retain/protect access to common land/resources

Rangpuri Pahadi notified as a 'Reserve Forest', thousands of residents face threat of eviction in Delhi; approach court to seek remedy

Reported by

Asmi Sharma

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

May 18, 2023

May 20, 2023

Edited on

May 18, 2023

Sector

Conservation and Forestry

Reason or Cause of Conflict

Forest Administration (Other than Protected Areas)

Encroachment of Reserve Forest Land

Starting Year

2014

Land Area Affected (in Hectares)

17

ha

Households Affected by Conflict

5500

People Affected by Conflict

State

Delhi

Sector

Conservation and Forestry

People Affected by Conflict

Households Affected by Conflict

5500

Land Area Affected (in Hectares)

17

ha

Starting Year

2014

Location of Conflict

Rangpuri Pahadi

Sapera Camp; Gulabo Camp; Nala Camp; Israeli Camp; Shankar Camp, Rangpuri Pahadi, Vasant Kunj

South West Delhi

Reason or Cause of Conflict

Forest Administration (Other than Protected Areas)

Encroachment of Reserve Forest Land

Land Conflict Summary

In March 2022, the Forest Department of the Government of New Delhi issued a notice and schedule for demolition of settlements inside the Rangpuri Pahadi Forest Division, South Ridge - a forest reserve notified under the Indian Forest Act, 1927. The settlements that were specified for demolition included Sapera Camp, Gulabo Camp, Israil Camp, Shankar Camp, and Nala Camp. The residents were given 14 days time to vacate their homes before for the demolitions.

This demolition was initiated to comply with a 2021 order of the National Green Tribunal. According to which forest land in South Delhi was to be transferred to the State Forest Department and cleared of all encroachments.

After receiving the notice, the residents met with the Delhi Environment Minister, Gopal Rai, to halt the demolitions and demand rehabilitation under the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015. The Minister asked officials of the Forest Department and the Delhi Urban Shelter Improvement Board (DUSIB) to prepare a rehabilitation plan for the affected settlements.

A writ petition was also filed by the Rangpuri Pahadi Basti Union demanding suspension of the demolitions pending proper rehabilitation. A stay order was granted to the petitioners against the demolition in April 2022. Despite the stay order, fresh demolition orders were issued in June 2022. However, the demolitions did not take place.
 
The Rangpuri Pahadi settlements came into existence in the 1980s when labourers were recruited from neighbouring states to work in the surrounding stone-crushing factories. At that time, the settlements were built on gram sabha land, which was under the control of the Revenue Department. This land was later declared as a reserve forest under Section 4 of the Indian Forest Act to protect the sensitive ecology of the Southern Ridge. As a result, the land and the villages on it were brought under the purview of the Forest Department through a notice issued by the Lt. Governor of Delhi in 1996, which also deemed the settlements as an encroachment on forest land.

After nearly 20 years, in February 2022, the final notification under Section 20 of the Indian Forest Act was sent by the Forest Department to the Revenue Department for consideration to declare the land as a reserved forest and in March 2022, the first eviction notices were issued.
 
Evictions have been taking place in Rangpuri Pahadi since as early as 2014. But at the same time settlements have continued to exist in the area despite it being declared a reserve forest. According to a 2021 report  by the Housing and Land Rights Network, Israil Camp and Nala Camp alone comprise of 5500 houses. A housing rights activist affiliated with the residents union informed LCW that between 7000-8000 households will be affected by the new demolition orders. Another media report estimates that nearly 10,000 children living in the settlement will be impacted due to eviction.
 
The limited relief for residents is that parts of settlements in Rangpuri Pahadi are notified Jhuggi Jhopris under the list of 675 Jhuggi Jhopri Clusters identified by DUSIB. This makes the residents eligible for either in-situ rehabilitation or rehabilitation within a radius of 5 kilometres as per the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015.

This is also the grounds on which the petition has been filed in the High Court. In the last hearing in January 2023, the court noted an issue concerning the inventory of rehabilitation accommodation, which was said to be exhausted by the DUSIB. The next hearing is scheduled for September 2023. Despite the stay order on demolitions while hearings are ongoing, the threat of eviction looms large over the thousands of residents of Rangpuri Pahadi.

Fact Sheet

Demand/Contention of the Affected Community

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

Forest

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

Indian Forest Act, 1927
Section 3 [State government may constitute any forestland as reserved forest] Section 4 [To constitute any land as a reserve forest the State Government shall issue a notification Official Gazette and specifying the limits of such land] Section 6 [Notifications issued under section 4 must be widely publicised in the local vernacular language to all affected villages/ neighbourhood] Section 26 [Acts prohibited in forest to include trespass] Section 72 [State government may invest any forest office with the power to hold inquiry into forest offences]
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
The 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.
Sudama Singh v. Deepak Mohan Spolia (C.A. No(s). 21806-21807/2017, Supreme Court)
The 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.
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  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.

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  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) 6666/2022

Main Reasoning/Decision of court

In April 2022, the case was taken up by the Delhi High Court. The Court noted that the cluster was notified by the DUSIB already. As such, interim protection was granted to the cluster. In January 2023, the DUSIB submitted that their rehabilitation accommodation had been exhausted. The matter is next slated to be heard on September 12, 2023.

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:

Department of Forest and Wildlife, National Green Tribunal, Government of New Delhi, Revenue Department, Delhi Urban Shelter Improvement Board

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:

Rangpuri Pahadi Basti Union

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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