The Delhi High Court has given an indication that it might pass directions for conducting a survey of the Dhobi Ghat at Delhi’s Batla House to examine who all may be affected due to the ongoing demolition drive in the area.
The Division Bench of Chief Justice Devendra Upadhyaya and Justice Tushar Rao Gedela made the observation on Friday, while hearing a petition filed by the Dhobi Ghat Jhuggi Adhikar Manch, a union claiming to represent the residents of Dhobi Ghat Jhuggi clusters.
The petitioner challenged a single-judge Bench order of March 3, 2025, which refused to halt the demolition drive going on at the Dhobi Ghat.
The single-judge Bench of Justice Dharmesh Sharma dismissed the plea on the grounds that the petitioner-union failed to show that it could espouse the cause of the unknown numbers of residents at Dhobi Ghat.
The Division Bench made a similar observation on March 7, seeking details from the union about the residents who may be affected, as well as the beneficiaries in the case.
The High Court said it may order a survey to determine whether the residents fell under the listed colony. Since the Court could not decide on this crucial aspect, it may order a survey for the purpose, it added.
A demolition drive was initiated in September 2020 by the DDA in the area, which is home to residents who primarily work as daily wage labourers and domestic workers.
As per the residents, the demolition drive was started without any service of notice and without any arrangements to give the displaced residents compensation, rehabilitation or alternative accommodation.
The union representing the residents apprised the High Court that around 800 houses have already been demolished. Due to the demolition drive, the entire area was dug up, leading to the stagnation of dirty water and worsening environmental conditions, it added.
The Counsel appearing for DDA countered that the area was part of River Yamuna’s flood plains. He said the courts have earlier held that no habitation, occupation or construction was permitted on the Yamuna floodplains.
The single-judge Bench observed that the Dhobi Ghat site was not even capable of being inhabited by the residents. Any unlawful encroachment in this area could obstruct the flow of the River Yamuna and worsen the flood situation in Delhi. The unlawful construction in the area posed a significant threat to the ecologically sensitive River Yamuna floodplains, it added.
Justice Sharma further imposed a cost of Rs 10,000 on the petitioner union on the grounds that the so-called members of the petitioner union, being rank trespassers or unauthorised occupants, were not entitled to the benefit of any Rehabilitation Policy.
The union challenged the single-judge Bench order before the Division Bench by way of a Letters Patent Appeal.
Appearing for the petitioner Dhobi Ghat Jhuggi Adhikar Manch, Senior Advocate Arundhati Katju had apprised the Division Bench earlier that the residents of the Ghat were apprehensive that further demolition may be carried out soon in the area.
Representing DDA, Advocate Prabhsahay Kaur contended that the colony in question was not protected under the Additional JJ Clusters List for rehabilitation published by the Delhi Urban Shelter Improvement Board (DUSIB).
The High Court has listed the matter for further hearing on April 22