Delhi
New Vishwas Nagar, Kasturba Nagar, Shahdara
,
Kasturba Nagar, Shahdara, Delhi
,
North East Delhi
Published : 12 July, 2014   |   Last updated - 24 Jun, 2024
Residents of Kasturba Nagar Face Threat of Eviction for Road Expansion Project
Reported by
Asmi Sharma
Legal Review by
Anmol Gupta
Updated by
Anupa Kujur
90
Households affected
500
People Affected
2022
Year started
Land area affected
90
Households affected
500
People Affected
2022
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 2 August 2022, officials from the Delhi Development Authority (DDA) plastered demolition orders on several houses in Kasturba Nagar, Delhi, intimating residents to vacate the premises within 15 days. The demolition order which was only available in English deemed the houses built on the land as unauthorised and a hindrance to a road expansion project.

In February 2021, a survey was conducted by DDA to determine the ownership of houses in the area. Residents of the area submitted copies of their electricity bill, water bill, voter ID card, Aadhar Card, pan card for this. The DDA however said none of the documents substantiates their claim of ownership to the land**.** Further adding, since the residences are not part of any Jhuggi Jhopri cluster identified by the Delhi Urban Shelter Improvement Board (DUSIB), residents were not entitled to rehabilitation under the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015. 
 
Situated in North East Delhi, Kasturba Nagar is a settlement of approximately 1200 families. Many residents of the area belong to working class households and are employed as daily-wage labourers. Families residing in the houses claim they have been inhabitants of the area for several decades, having settled here after the partition while others migrated to Delhi from Uttar Pradesh and Bihar in 1980.

Speaking to LCW, the residents said that they have lived in Kasturba Nagar for multiple generations and are inextricably linked to this land and community. They fear that they will be rendered homeless or relocated to the outskirts of Delhi as per the recent relocation trends followed by DUSIB which will not only impact their livelihoods, education and access to other rights and entitlements but also dislocate them from the socio-cultural ties they have cultivated over generations and the support and sense of belonging to the community. 
 
The land in dispute is being acquired by the DDA to extend an existing road to ease traffic congestion in the area. Close to 90 houses have been identified for demolition for the expansion of a road approximately 60-80 feet in length. Residents informed LCW that this project initially began three years ago where vacant unused land had originally been identified for the road, and work on the construction had begun. However, since this land belonged to an affluent DDA residential housing complex, residents of the housing society protested and the plan was revised such that the road would now be made through the settlement.
 
Despite this threat, residents of Kasturba Nagar have mobilised to demand the withdrawal of the demolition order and a resolution to the issue. Since the news of the demolition order, residents have organised protests, and continue to send delegations to meet with ministers and government officials. 
 
A writ petition was filed by the Kasturba Nagar Residents Welfare Association in the Delhi High Court about this matter. Subsequently a stay order on demolition was granted on August 17, 2022.

On 13 October 2022, the High Court passed a judgement directing the DDA to give the residents a one-month notice to relocate before continuing with demolitions. The petitioners have appealed this judgement, and the matter has been listed before a division bench as a Letter Patent Appeal, LPA 63/2023, of the Delhi High Court. The proceedings are currently ongoing and an interim stay has been granted. But the threat of evictions still looms over the residents of Kasturba Nagar.  

[None of the residents LCW spoke with wished to be named.]

2
Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Complaint against procedural violations

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

Complaint against procedural violations

Demand to retain/protect access to common land/resources

Residents of Kasturba Nagar Face Threat of Eviction for Road Expansion Project

Reported by

Asmi Sharma

Legal Review by

Anmol Gupta, Mukta Joshi

Edited by

Radhika Chatterjee

Updated by

Updated by

Published on

February 22, 2023

May 26, 2023

Edited on

February 22, 2023

Sector

Infrastructure

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Encroachment of Government Land

Starting Year

2022

Land Area Affected (in Hectares)

ha

Households Affected by Conflict

90

People Affected by Conflict

500

State

Delhi

Sector

Infrastructure

People Affected by Conflict

500

Households Affected by Conflict

90

Land Area Affected (in Hectares)

ha

Starting Year

2022

Location of Conflict

Kasturba Nagar, Shahdara, Delhi

New Vishwas Nagar, Kasturba Nagar, Shahdara

North East Delhi

Reason or Cause of Conflict

Urban Development (Other than Smart Cities)

Encroachment of Government Land

Land Conflict Summary

On 2 August 2022, officials from the Delhi Development Authority (DDA) plastered demolition orders on several houses in Kasturba Nagar, Delhi, intimating residents to vacate the premises within 15 days. The demolition order which was only available in English deemed the houses built on the land as unauthorised and a hindrance to a road expansion project.

In February 2021, a survey was conducted by DDA to determine the ownership of houses in the area. Residents of the area submitted copies of their electricity bill, water bill, voter ID card, Aadhar Card, pan card for this. The DDA however said none of the documents substantiates their claim of ownership to the land**.** Further adding, since the residences are not part of any Jhuggi Jhopri cluster identified by the Delhi Urban Shelter Improvement Board (DUSIB), residents were not entitled to rehabilitation under the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015. 
 
Situated in North East Delhi, Kasturba Nagar is a settlement of approximately 1200 families. Many residents of the area belong to working class households and are employed as daily-wage labourers. Families residing in the houses claim they have been inhabitants of the area for several decades, having settled here after the partition while others migrated to Delhi from Uttar Pradesh and Bihar in 1980.

Speaking to LCW, the residents said that they have lived in Kasturba Nagar for multiple generations and are inextricably linked to this land and community. They fear that they will be rendered homeless or relocated to the outskirts of Delhi as per the recent relocation trends followed by DUSIB which will not only impact their livelihoods, education and access to other rights and entitlements but also dislocate them from the socio-cultural ties they have cultivated over generations and the support and sense of belonging to the community. 
 
The land in dispute is being acquired by the DDA to extend an existing road to ease traffic congestion in the area. Close to 90 houses have been identified for demolition for the expansion of a road approximately 60-80 feet in length. Residents informed LCW that this project initially began three years ago where vacant unused land had originally been identified for the road, and work on the construction had begun. However, since this land belonged to an affluent DDA residential housing complex, residents of the housing society protested and the plan was revised such that the road would now be made through the settlement.
 
Despite this threat, residents of Kasturba Nagar have mobilised to demand the withdrawal of the demolition order and a resolution to the issue. Since the news of the demolition order, residents have organised protests, and continue to send delegations to meet with ministers and government officials. 
 
A writ petition was filed by the Kasturba Nagar Residents Welfare Association in the Delhi High Court about this matter. Subsequently a stay order on demolition was granted on August 17, 2022.

On 13 October 2022, the High Court passed a judgement directing the DDA to give the residents a one-month notice to relocate before continuing with demolitions. The petitioners have appealed this judgement, and the matter has been listed before a division bench as a Letter Patent Appeal, LPA 63/2023, of the Delhi High Court. The proceedings are currently ongoing and an interim stay has been granted. But the threat of evictions still looms over the residents of Kasturba Nagar.  

[None of the residents LCW spoke with wished to be named.]

Fact Sheet

Demand/Contention of the Affected Community

Demand for rehabilitation

Complaint against procedural violations

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]
Sudama Singh v. Deepak Mohan Spolia (C.A. No(s). 21806-21807/2017, Supreme Court)
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.
Delhi Development Act, 1957
Section 30 [The Delhi Development Authority cannot demolish unauthorised structures without giving affected landowners or parties a reasonable opportunity to be heard. Notice for the same cannot be less than 5 days.]
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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  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.

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  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:

No items found.

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)

Delhi High Court

Case Number

W.P.(C) 11945/2022, LPA 63/2023

Main Reasoning/Decision of court

On August 17, 2022, the Delhi High Court issued a stay on further demolition activity as DDA had not finished the necessary survey. However, on October 13, 2022, the Delhi High Court vacated the stay and allowed any future demolition. The Court accepted the Delhi Urban Shelter Improvement Board’s (DUSIB) argument that the petitioners in the case did not constitute a notified Jhuggi Jhopri Basti (JJB). Accordingly, the Court stated that the 2015 DUSIB Policy was only meant for JJBs already identified by the DUSIB. However, the Court did give the petitioners one month’s time to relocate. An appeal was filed before the Delhi High Court. On February 14, 2023, the Court reserved its order. The judgment is not available as of yet.

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 Development Authority, 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:

Residents of Kasturba Nagar

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

Unused land that had been originally identified for the road construction (initially a garbage dump converted to a parking lot after the dispute began)

Image Credit:  

Asmi Sharma

One of the lanes that has been identified for demolition

Image Credit:  

Asmi Sharma

Video

Faisal Malik, The Patriot

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