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Legal Review by
Edited by
Updated by
Published on
May 17, 2021
June 2, 2023
Edited on
May 26, 2023
May 17, 2021
At least 800 families in Delhi's Muslim-dominated Batla House were rendered homeless after a slum clearance drive by the Delhi Development Authority (DDA). The residents of Batla House are mostly domestic and daily wage workers and are among the worst hit since the COVID-19 pandemic began.
The demolition drive started on September 22, 2020. The residents claim that no notice was served and that no alternate site was designated for their rehabilitation. Officials also demolished a toilet block in the area.
The sudden eviction left several people injured in the debris of demolition. Some also lost their livelihood. Mohammad Javed, 32, a rickshaw puller and father of five, told the media: “My rickshaw was broken, and our household items are gone. We were suffering during the lockdown but at least we had a roof over our heads. There is no food, no clothes, no electricity or water now. At night we deal with the mosquitoes and during the day, we suffer under the sun.”
The DDA demolished the slums citing the National Green Tribunal’s law against construction on river embankments. It claimed that the land falls in the Yamuna floodplains and is owned by the DDA, hence the residents of Batla House are encroachers. While DDA officials allege that the slum has come up during the pandemic, the residents claim to have been living in the area for many years.
The Human Rights Law Network (HRLN) petitioned the Delhi high court on behalf of two residents, and the court heard the matter on September 25, 2020. HRLN successfully persuaded the court to order a five-day stay on the demolition in order to approach the division bench for clarification and rehabilitation of the slum dwellers.
On January 19, 2021, over 200 slum dwellers from the Dhobighat area (one part of the demolished area) marched to the office of Okhla MLA Amanatullah Khan demanding alternate land close to the demolition site. They were able to submit their memorandum of demands but no action has been taken yet.
As of April 2023, the stay on demolitions has continued. The matter is listed before the Delhi High Court for July 7, 2023.
Demand for rehabilitation
Complaint against procedural violations
Urban
Private
What was the action taken by the police?
Detention
How many people did the police detain or arrest?
18
What is the current status of the detained/accused persons?
Released from detention
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?
Categories of Legislations Involved in the Conflict
Central/State Government Policy, Constitutional Law
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.
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 free prior informed consent
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Delhi
Case Number
Shakil Ahmed v. Delhi Development Authority & Ors, WP(C) No. 7032 of 2020
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Physical attack
Arrest/detention/imprisonment
Whether criminal law was used against protestors:
Yes
Reported Details of the Violation:
1. During the evictions in 2020, the police did not allow the residents to remove or take their belongings during the demolition drive. Few people who protested against this were beaten up and detained. As per media reports, police threatened to burn down residences that weren't evicted. 2. Since no rehabilitation had been provided at the time of demolition, many families moved to near by colonies, while some residents move back to make shift houses. Over the next few months, the police routinely harassed the residents and also tore down many of the houses repeadtly. (https://www.hindustantimes.com/delhi-news/makeshift-shanties-at-dhobi-ghat-razed-two-weeks-major-demolition-drive-by-dda/story-mpc9HKaLnsrXKahXnElevI.html ) 3. In June 2022, despite the stay, police personnel from Jamia Nagar Police Station went to Dhobi Ghat to intimidate residents and ask them to vacate their residences. (https://sabrangindia.in/article/residents-delhis-dhobighat-decry-police-attempts-illegal-eviction)
Date of Violation
September 23, 2020
Location of Violation
Batla House
Nature of Protest
Protests/marches
Complaints/petitions/letters/memorandums to officials
Government Departments Involved in the Conflict:
Delhi Development Authority, Delhi Police, Delhi Urban Shelter Improvement Board, Government of NCT of Delhi, Ministry of Housing and Urban Poverty Alleviation
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:
Human Rights Law Network
What was the action taken by the police?
Detention
How many people did the police detain or arrest?
18
What is the current status of the detained/accused persons?
Released from detention
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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