Bela Estate is a slum cluster located on the western bank of the Yamuna. Its subareas include China Colony, Bela Gaon, Moolchand Basti, Malla Gaon and Kanchanpuri. The area falls under the first phase of the Yamuna Riverfront Development Project, under which the Delhi Development Authority (DDA) plans to build a biodiversity park and lake over an area of 189 acres. In May 2018, 550 houses in China Colony and Moolchand Basti were demolished for the project. Prior to that, in 2015, the DDA demolished 80 houses on the orders of the National Green Tribunal (NGT) to clear encroachments on the Yamuna floodplains, but it failed to rehabilitate the affected people. Following these demolitions, the residents of the area obtained a stay order on the demolition drive from the Delhi high court and sought their right to be rehabilitated under the Rehabilitation Policy, 2015, of the Delhi Urban Shelter Improvement Board (DUSIB). Nonrehabilitation of occupants for demolition of houses that existed prior to 2015 is against the DUSIB Policy. The petition [W.P. (C) 5214/2018] is currently being heard (see HRLN report attached). The residents of Bela Estate, mostly smallscale farmers who grow rice, wheat, vegetables, herbs and flowers and workers from the informal sector, have witnessed at least 15 demolition drives since 2006 and have been living under the threat of eviction without rehabilitation. In 2016, they protested at the Delhi Secretariat where a delegation submitted an application to stop the demolitions, which it claimed did not follow the due process of law. The authorities assured them verbally but did not give anything in writing. According to news reports, the land they farm on was leased for collective cropping and grazing by the Delhi Improvement Trust, a precursor to the DDA ,to the Delhi Peasants Cooperative Society (DPCS), which in turn had allotted it to the older generations of the current occupants in 1949. The DPCS would collect rent from farmers to pay to the DIT, and the arrangement continued when the DDA was formed in 1957. In 1966, the leases formally expired, and the DDA allegedly sent out eviction notices to the allottees in 1991, 25 years after the expiry. Residents, however, claim that the first set of eviction notices were only sent out in 2004, before the start of the Commonwealth Games. In 2015, some of the residents received allotment letters for land in Bawana as part of their rehabilitation, while others did not. In September 2020, the DDA conducted a threeday demolition drive at Asita East side near Yamuna bank following an earlier NGT order. The DDA claimed to have retrieved 5,000 square metres of land. According to a news report published in January 2021, volunteers from Bandhua Mukti Morcha have been conducting a survey in an attempt to collect vital information regarding proof of addresses from the residents which would aid their claims for rehabilitation. The residents have been filling in forms documenting the last proof of address issued to them. The documents are also supplemented with photographic evidence. As per the report, the initiative received 98 forms from Kanchanpuri, 80 from Bela Estate, 120 from Moolchand Colony part 1, and more than 250 from Moolchand Colony part 2.
Demand/Contention of the Affected Community
Demand for rehabilitation
Demand for legal recognition of land rights
Complaint against procedural violations
Other Demand/Contention of the Affected Community
Complaint against forcible evictions
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?
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
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
200
Type of investment:
Cost of Project
Year of Estimation
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Procedural Laws, Other
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:
Non-rehabilitation of displaced people
Lack of legal protection over land rights
Forced evictions/dispossession of land
Delay in allottment and possession of land/property
Legal Status:
In Court
Status of Case In Court
Pending
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
Name(s) of the Court(s)
High Court of Delhi
Case Number
W.P.(C.) 5214/2018
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Whether criminal law was used against protestors:
No
Reported Details of the Violation:
In May 2018, 550 houses in China Colony and Moolchand Basti were demolished for the project. Prior to that, in 2015, the DDA demolished 80 houses on the orders of the National Green Tribunal to clear encroachments on the Yamuna floodplains, but it failed to rehabilitate the affected people. The residents of Bela Estate have witnessed at least 15 demolition drives since 2006 and have been living under the threat of eviction without rehabilitation.
Date of Violation
Location of Violation
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?
No
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:
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?
Nupur Sonar is keen on issues surrounding land rights. She has formerly worked at Tehelka, Video Volunteers and VICE India.
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