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* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 9^th May, 2025 + W.P.(C) 8035/2024 & CM APPLs.52659-60/2024, 52780/2024, 52897/2024, 59162-63/2024, 59345-46/2024, 61322/2024, 24290/2025, 28405/2025, CM APPL……/2025 (TO BE NUMBERED), REVIEW PET. 373/2024 SHABNAM BURNEY ..... Petitioners Through: Ms. Vrinda Grover, Mr. Prasanna J., Ms. Rupali Samuel, Ms. Devika Tulsiani & Mr. Soutik Banerjee, Advs.

(M: 9953585631)

Mr. Choudhary Ali Zia Kabir and Ms.

Sumayya Khatoon, Advs.

versus UNION OF INDIA& ORS. ..... Respondents Through: Mr. Parvinder Chauhan, Sr. Adv. with Mr. Anuj Chaturvedi, Ms.. Aakriti Garg, Advs. with Ms. Harshita Maheshwari, Pr. Director P.K.Jha, Mr.

Pranav Siroha.

Ms. Prabhsahay Kaur (Standing Counsel DDA), Ms. Deeksha L. Kakar (Panel Lawyer, DDA), Mr. Aditya Verma, Adv., Ms. Kavya Shukla, Adv., Mr. Rashneet Singh, Ms. Sana Parveen Adv. Officers Present: Harish Chandra Sharma (Deputy Director)

Vishwajeet Gahlot (AD PMAY)

Mr. Sumit K. Batra, Adv. for GNCTD.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MANMEET PRITAM SINGH ARORA Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

Signature Not Verified CM APPLs. 52659-60/2024, 52780/2024, 52897/2024, 59162-63/2024, 59345-46/2024, 61322/2024, 24290/2025, 28405/2025, CM APPL……/2025 (TO BE NUMBERED), REVIEW PET. 373/2024 in W.P.(C) 8035/2024

2. Today there is an application, being CM APPL.-28405/2025, that has been filed by one of JJ dwellers, Mr. V Thangaraj seeking stay of Demolition Notice dated 3rd May, 2025. Further there was yet another application (yet to be numbered by the registry) filed by an ad-hoc union of about 104 residents of Madrasi Camps¹

3. At the outset, this Court was informed that a petition under Article 32 of the Constitution of India was preferred by one dweller i.e., Mr. Krishnan before the Hon’ble Supreme Court being W.P. (C) No. 484/2025, challenging the demolition notice dated 3rd May, 2025 issued by the PWD and the said petition has been adjourned to 13^th May, 2025. Ms. Grover under instructions from Mr. Prasanna S., ld. Counsel who was present before the Supreme Court, has submitted that today, the Supreme Court directed that the Madrasi Camp residents ought to be given an effective hearing and the issue of demolition may be raised before this Court. The present matter was taken up at 2 PM. Both counsels on behalf of the dwellers viz., Ms. Vrinda Grover and Mr. Choudhary Ali Zia Kabir were heard. Mr. Chauhan on behalf of DUSIB, Ms. Prabhsahay Kaur on behalf of DDA and Mr. Sumit Batra ld. Counsel for the GNCTD have also been heard.

4. The origin of the present case, is that the Court had taken note of the fact that several drains discharging into the Yamuna River have been 1 This expression is being used because of the name given in the applications filed by the

residents of the said Camp.

Signature Not Verified unauthorisedly encroached upon, with illegal construction having been carried out thereon, resulting in blockage of the said drains and contributing to pollution in the river. The same also has led to severe clogging and water logging during rains in several parts of Delhi. Insofar as it pertains to the Madrasi Camp, the said camp has been found to be an illegal construction/encroachment on the bank of the Barapullah drain. The Court has observed that the presence of the camp is causing obstruction and clogging of the drain, resulting in severe waterlogging in the adjoining areas during rains, especially during the monsoon season.

5. Vide order dated 8th July, 2024, this Court had directed the Vice Chairman, DDA to ensure removal of all encroachments and unauthorized constructions along the Yamuna River belt, including on the drains leading into the Yamuna River. Pursuant thereto, applications being CM APPL. 52897/2024 and CM APPL. 52260/2024 came to be filed by certain dwellers of the Madrasi Camp, seeking a direction that they ought not to be evicted until appropriate rehabilitation measures are put in place.