Hope govt will look into plight of migrants sympathetically: Delhi HC to Centre
Sep 14, 2022
New Delhi [India], September 14 : The Delhi High Court while hearing a plea seeking electricity connection for 200 Hindu migrants who have come from Pakistan to India stated that the government will look into the plight of the migrants sympathetically.
This Court hopes and trusts that the Government of India will look into the plight of the migrants sympathetically, and shall file a proper affidavit positively within two weeks, said the Bench of Justice Satish Chander Sharma and Justice Subramonium Prasad.
The observation of Delhi HC came on September 6, 2022, while examining a Public Interest Litigation (PIL) filed on behalf of the Hindu Migrants who have come from Pakistan to India and are staying in Adarsh Nagar near Majlis Park Metro Station.
Court noted that all of them have been issued Aadhaar Cards and are on long-term Visas issued by the Government of India. They are poor people who do not have a permanent place of shelter and they are living in a cluster of jhuggis. The PIL stated that the authorities are demanding proof of ownership of land.
Senior Counsel Sanjeev Paddar appearing for the petitioner has submitted that proof of ownership is certainly not required under the rules. He stated that a person who is not the owner, and if he is an occupant, can also apply for an electricity connection.
The migrants as they were in need of electricity connection, approached the distribution company for a supply of electricity. There is a letter on record which reflects that the only requirement that the migrants are not able to meet is NOC from the land-owning agency, the lawyer submitted.
Counsel appearing for Tata Power Delhi Distribution Limited (TPDDL) has stated before the court that the NOC is certainly required as certain poles will have to be erected for providing proper electricity.
The land in question over which the Jhuggis have been established belongs to the Government of India/Defence Department/ DMRC, and in absence of a NOC from the land-owning agency, the distribution company is not in a position to provide electricity connection.
On that, the Delhi HC granted two weeks' time to the Central government to file an affidavit as to why NOC has not been issued to the migrants from Pakistan who are residing without electricity for the last five to six years.
It has also been stated that there are small children and women in the area, and in absence of electricity it has become very difficult for these families to survive, and they are living in extremely harsh conditions.
Court noted that the senior counsel appearing for the petitioner was fair enough in making a submission before this court that the petitioners will not claim any right over the land in question on account of the fact that electricity has been provided to them.
He has gone to the extent of informing this court that they are also ready to pay for the electricity, and a prepaid meter can be installed on their premises. He has also brought to the notice of this court that other migrants from Pakistan who are placed similarly and are living in Majnu-Ka-Tila have been provided prepaid meter/electricity connection.
The central Government in its affidavit opposed the Public Interest Litigation (PIL) and stated the camps which have been set up/established on the land are illegal and have been established as a result of encroachment on Defence Land.
Ministry of Defence in its affidavit further stated that not only the answering respondent, not the competent authority to provide electric connections or provide any assistance of any sort to migrants, but also in view of the illegal encroachment, the petition is misconceived and frivolous and deserves to be dismissed in-limine.
The petitioner Hariom, a social activist who filed the plea sought electricity connections by way of either prepaid or post-paid electricity meters to these people who are living in very poor conditions and are facing Delhi's extreme weather without any help from the Government Authorities the last few years.
The plea further stated that the refugee camp is in a dire state and the Pakistani Hindus have been requesting permanent electricity connection in the camp for the last three years. Unfortunately, their requests have fallen on deaf ears of the concerned authorities. There are children staying in the Camps who are not able to exercise their basic right to education due to the absence of electricity. These children are already facing many hurdles and the absence of electricity has made their life worse, plea stated.