'Can't Be Kept In Limbo': High Court Asks Delhi Govt To Take A Definite Stand Over Regularization Of Colonies In Sainik Farms

LIVELAW NEWS NETWORK

27 April 2022 9:05 AM GMT

  • Cant Be Kept In Limbo: High Court Asks Delhi Govt To Take A Definite Stand Over Regularization Of Colonies In Sainik Farms

    The Delhi High Court on Wednesday expressed displeasure at the Delhi government for stalling the issue relating to regularization of alleged unauthorized constructions in the city's Sainik Farms area, an affluent settlement alleged to be built on forest land.A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla remarked that when the government is willing...

    The Delhi High Court on Wednesday expressed displeasure at the Delhi government for stalling the issue relating to regularization of alleged unauthorized constructions in the city's Sainik Farms area, an affluent settlement alleged to be built on forest land.

    A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Navin Chawla remarked that when the government is willing to regularize unauthorized colonies all over the city, then denying the same benefit to the residents of Sainik Farms area, without even surveying the nature of properties involved, is prima facie discriminatory.

    "You have not even surveyed if the residents are occupying government land, forest land or agricultural  land...We can understand if there is any unauthorised occupation of government or forest land. But other lands...Why should you discriminate when you have regularized so many other colonies? Either take a decision to regularize...But you can't keep this in limbo," it remarked.

    The development comes days after Senior Advocate Dushyant Dave accused the government of targeting the poor and hastily demolishing alleged encroachments in Jahangirpuri area while no action is taken against unauthorized constructions of the rich and elite in Sainik Farms and Gold Links.

    "You Don't Want To Touch Unauthorized Constructions In Sainik Farms Or Golf Links, But Target The Poor In Jahangirpuri" : Dushyant Dave

    The High Court was hearing a petition filed in the year 2015 by Ramesh Dugar, Convener of the Area Development Committee at Sainik Farms, seeking regularization of the colonies in the area.

    In May 2017, the High Court was informed that the Union Urban Development Ministry is actively finalizing the regularisation plan in consultation with the Govt. of NCT of Delhi and the concerned agencies. While the process of demarcation of land regularization remained pending, an application was filed by the residents in 2019, stating that there has been a complete ban in inflow of building materials in the area in question and in view of the same even minor repairs and white wash are not being permitted.

    The matter has remained pending since and today, the Court noted that there has been no substantial development.
    While the Central Government Standing Counsel, Mr. Anurag Ahluwalia, assured the Court that the matter will be taken up with the highest authorities, the Bench remarked,
    "Thousands of houses are there. You're not even allowing them to carry out repair work. What if some building becomes dangerous tomorrow and falls? Who will take the responsibility?"

    The Bench said that the authorities must either declare that the constructions in the area are illegal and take steps for demolition or take a stand on its regularisation.

    Case Title: Ramesh Dugar v. SDMC & Ors.

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