Delhi HC refuses to stay demolition of encroachments blocking Taimoor Nagar drain

NEW DELHI: Refusing to stay the demolition of encroachments around the Taimoor Nagar drain, Delhi high court on Saturday said that such structures blocked the drain, leading to waterlogging, as seen last week after record rainfall in a day. It was hearing a plea against the proposed demolition by 14 dwellers of jhuggis at the Indira Gandhi Camp Part-I in Taimoor Nagar Extension.
"This court is of the considered view that the waterlogging witnessed in various parts of Delhi on the said date, including in south Delhi, is attributable, at least in part, to the inability of the Taimoor Nagar drain to effectively discharge rainwater downstream due to these obstructions," a special bench of Justices Prathiba M Singh and Manmeet PS Arora stated.

The court added that in such circumstances, "individuals who have encroached upon public land and erected unauthorised structures, being limited in number, cannot be permitted to assert their purported rights in priority of other citizens. The rights of lawfully residing residents of the area and adjoining colonies, who are entitled to habitable and flood-free living conditions, would have precedence in comparison with persons who have encroached and built unauthorised tenements on public land – that too with modern facilities."
Owing to the monsoon season, which is to arrive shortly, the expansion of the said drain is not only necessary but imminent and imperative, the court asserted.
Clearing the decks for the demolition by DDA to proceed, the court highlighted that none of the 14 affected persons have any specific documents to show that they are part of the list of 592 recognised eligible jhuggi dwellers. It also examined photographs that revealed "these structures are pucca structures (buildings) and not jhuggis" which are built "completely on public land and are wholly unauthorised/encroached."
On the ground raised by the dwellers that prior notice was not given, it pointed out that "the structures in issue constitute encroachments on public land," noting that concerns relating to the Taimoor Nagar drain, including its blockage and the need for its expansion and cleaning, have been the subject matter of court proceedings since Sept 2024.
However, the court also directed DUSIB to ensure the dwellers are given shelter. When DUSIB prevaricated, the court expressed some concern that the DUSIB in general was having an attitude of non-cooperation in these matters. "It shall be the responsibility of DUSIB to ensure that the night shelters are provided adequately to these families, failing which the court would have no option but to take action against the concerned officials of DUSIB," it warned.
The bench added that during the demolition, older people, women, and children should be allowed to peacefully remove their belongings, ensuring no law and order issues arise.