In its effort to rehabilitate people rendered homeless due to the demolition of a Nizamuddin night shelter, the Delhi High Court is trying to differentiate the rightful owners from encroachers.
Some respondents without any papers to prove their title to the land were also removed when bulldozers moved in. They were grilled by the bench of Acting Chief Justice (ACJ) Gita Mittal and Justice C Hari Shankar. They claimed they were living there for the past 100 years but had no documentation.
Last week, the court had directed the Delhi government to ensure that adequate shelter is provided to these people. The ACJ had noted in the order that no resident of Delhi should remain shelterless.
The court had also directed the DDA and the Delhi government to shift the graveyards from Delhi to some other places. The court said that the Amir Khusro Park will be restored to its original condition.
Senior advocate Upamanyu Hazarika is representing the people whose houses were demolished overnight in Amir Khusro Park, Nizamuddin, as per the High Court’s order.
Calling a respondent, the bench said: “You have to establish the title and we will satisfy you and provide you legal right over the occupancy.” The bench also clarified: “Legal right does not mean ration card or Election Commission card. You have to establish legal right. First of all, choose your title. Electricity bills don’t create identification. We are talking of valuable property of the Waqf Board.”
Hazarika said: “Please look at the document, it is a form for registration.”
Bench: “What is the date of this form?”
Respondent: “19/12/1963.”
Bench: “This is only a registration document. It does not provide the title. You are showing the registration as a member of the Waqf board. It’s only an application form for registration. Where is the name who registered it?”
Respondent: “Prima facie the predecessors were living there for more than 100 years.”
The respondent could not establish his credentials and the court rejected his plea.
The court said that it had heard the respondent’s pleas and will decide on their entitlements on the said land, but that order will be passed separately.
The matter was adjourned for July 24.
—India Legal Bureau