Delhi child rights commission moves plea in Goshiya slum demolition case

New Delhi [India], March 14 : The Delhi Commission for Protection Child Rights (DCPCR) on Tuesday moved an application in the matter related to the Goshiya slum colony demolition in High Court.
The court will hear the plea on the next date of hearing.
The residents of the Goshiya colony have challenged the demolition order of the Delhi Development Authority (DDA).
"Why are you filing this application in this matter, do you file the application in each JJ cluster matter?" Justice Manmeet Pritam Singh Arora asked the counsel for the DCPCR.
The counsel replied that he will file the application in every matter related to JJ Cluster.
During the hearing, the bench directed the DDA to file a short affidavit on a list of identity documents filed by the counsel for Goshiya colony Sewa Samiti.
Another petition has also moved by the 18 people who also claim to be from Goshiya colony and sought relief.
The bench asked the counsel why these people did not approach the court earlier along with other residents of the Goshiya colony. The court has directed them to file an affidavit within one week.
The bench has also directed the DDA to file a rejoinder to the affidavit.
The bench also issued notice to the nominated counsel for the Archeological Survey of India (ASI).
The matter has been listed on April 11 for further hearing.
The Delhi High court on February 28, asked the counsel for the residents of the Goshiya colony slum in Mehrauli to provide a list of identity documents of 467 residents.
The plea has been filed by the Goshiya colony sewa samiti and others through advocate Anupradha Singh.
The petitioners have challenged the December 12, 2022 demolition notice served to the residents of Goshiya Slum Colony.
The Gosiya Slum Colony has existed for more than 50 years and consists of more than 700 houses, with approximately 4000 populations, the petition stated.
It is stated that this colony is situated in Khasra nos.217, 216 269, 368/220, 869 and 870.
As per the notice of demolition, only khasra nos. 216 and 217 are part of Mehrauli Archaeological Park, however, DDA purports to carry out the demolition drive of the entire Goshiya Colony.
It has been argued that almost all the residents of the slum colony have documents prior to 2015 as required by DUSIB for rehabilitation under the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015 and the colony also finds mention at serial no.18 of Additional DUSIB List.
Therefore, the eviction notice served to the petitioner's members is entirely illegal, the petitioner contended.
It is stated that a demolition drive cannot be carried out without following the protocol for removal of jhuggis as per the order of this high Court in the Ajay Maken and Ors v. Union of India case.
It is also stated that the protocol makes it clear that before conducting any demolition drive, the land-owning agency has to send a request to DUSIB, which will examine whether the Basti is eligible for rehabilitation as per the cut-off.
Only when DUSIB has ascertained that the basti is not eligible for rehabilitation, the land-owning agency can initiate proceedings for demolition as per law, the petition stated.