Reported by
Legal Review by
Edited by
Updated by
Published on
February 22, 2023
May 26, 2023
Edited on
February 22, 2023
Land Area Affected (in Hectares)
Starting Year
Kasturba Nagar, Shahdara, Delhi
New Vishwas Nagar, Kasturba Nagar, Shahdara
North East Delhi
Urban Development (Other than Smart Cities)
Encroachment of Government Land
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.]
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?
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?
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:
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
Major Human Rights Violations Related to the Conflict:
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Nature of Protest
Advocacy (for inclusion in courts)
Community-based participatory research
Media-based activism/alternative media
Complaints/petitions/letters/memorandums to officials
Campaigns (grassroots organisations/press releases/media)
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
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?
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
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