On 11 January 2023, the Archaeological Survey of India (ASI) issued eviction notices to families living in and around Tughlaqabad Fort in New Delhi. ASI, the nodal agency responsible for maintaining sites of historic importance, deemed the settlements in the area 'illegal encroachments' and in violation of the Ancient Monuments and Archaeological Sites and Remains Act of 1958 (AMASR Act).

The notice informed residents that demolition would begin within 15 days and directed them to vacate the premises by 26 January. It did not provide any information on rehabilitation or provisioning of temporary shelter for the residents.

The Tughlaqabad Fort is a centrally protected monument under the AMASR Act. The fort's walls, gateways, bastions, and internal and external buildings all fall within the definition of a 'protected' site.

Tughlaqabad Fort and the surrounding area is also home to a number of settlements. The eviction notices were served to residents of Bengali Colony, one of the largest settlements of the area, where most residents are daily-wage labourers or domestic workers. The residents claim they have lived there for decades.

A large section of the community living in the colony has migrated from West Bengal, Bihar and Uttar Pradesh. Many residents have even registered their houses under the Pradhan Mantri-Uday Scheme in December 2020, a scheme launched by the Ministry of Housing and Urban Affairs in 2019 to confer ownership rights to properties in 1,731 unauthorised colonies.

After receiving the notice, community members organised protests and roadblocks. But they have failed to get legal protection from the demolition, a member of AICCTU who has been protesting along with the residents told LCW.

The scale of the eviction prompted the Delhi Commission for the Protection of Children to take up the matter suo-moto. It wrote to ASI demanding the withdrawal of the order until adequate arrangements are made for the rehabilitation of the families and thousands of children living in Bengali Colony, adding that the eviction drive will severely affect children's education. An RTI application filed by LCW found that to date no orders have been issued by any government authority to suspend the eviction.

Community members claim that the presence of police and CRPF personnel in the area has increased after their protests began. The entrances and exits to the colony have been barricaded to control movement and prevent people from gathering. There have also been reports of use of police force against protesting residents, as well as routine harassment.

Some affected families even possess certificates showing that the land was allotted to them under the Pradhan Mantri Awas Yojana.

The eviction notices come in the backdrop of a long-running litigation. A public interest litigation was filed by Mr. S.N. Bhardwaj, in the Delhi High Court in 2001 against the unauthorised constructions and encroachments in and around the fort. The High Court however disposed that petition.

Dissatisfied with the disposal, Bhardwaj approached the Supreme Court (SC) with a similar plea through a special leave petition.

In 2003, the SC issued an order that no further construction should take place within the Fort area. The SC also directed the Delhi government, Delhi Development Authority, Municipal Corporation of Delhi and the Police to assist the ASI in preventing any unauthorised construction from taking place in the area.

In September 2011, the SC directed ASI to take action against unauthorised constructions in the Fort, and submit a report within eight weeks. The next month, the court directed the ASI to submit an affidavit stating the number of houses that were present in the area based on an aerial survey conducted in 1993.

The ASI filed this affidavit in 2012 but also stated it was unable to complete the survey due to lack of capacity.

In 2016, the SC transferred the case to the High Court, stating that the matter now needed monitoring for compliance with its orders for removal of unauthorised constructions from the Fort.

In 2017, the Delhi High Court formed a committee to find a solution to this matter.

In November 2022, the High Court gave ASI six weeks' notice to file a status report on the matter. The court directed the Municipal Corporation of Delhi to assist in the removal and ordered the BSES electricity board, to disconnect the electrical connections before demolition.

Residents filed an initial petition in the High Court on 25 January to stay the demolition. The judge dismissed the plea and upheld the mandate of the 2016 Supreme Court ruling.

In February 2023, the Mazdoor Awaaz Samiti, representing the residents of Tughlaqabad filed a subsequent petition demanding rehabilitation before demolition.

The High Court directed the Government of National Capital Territory of Delhi, Delhi Urban Shelter Improvement Board, and Delhi Development Authority, to submit a rehabilitation plan to the court so that the phased resettlement of all residents could begin. It also directed the Chief Secretary to convene a meeting with senior officials from all these agencies, ASI, Delhi police, and the relevant district magistrate on February 20th, and submit a plan within four weeks.

However, the court did not grant a stay on the demolition till the said plan is submitted to the court.

On 24 April 2023, the High Court once again directed ASI to remove encroachments from the Fort area. On 30 April and 1 May 2023, a massive demolition drive was conducted by ASI over two days, rendering nearly 1000 families homeless. A resident of Tughlaqabad informed LCW that residents were not given any prior warning to the demolition which continued till nearly 9 p.m. and through the rain. He further added that no temporary accommodation or rehabilitation measures have been provided to the residents that have been impacted as a result of this eviction.

The case filed by Mazdoor Awaas Samiti is still being heard in the High Court and is listed for 16 May 2023. With no place to go, the residents currently live in make-shift shelters around the demolished sites, the resident told LCW.