Delhi HC declines to halt Majnu Ka Tila refugee camp demolition

The Delhi High Court has refused to intervene in the demolition of a Pakistani Hindu refugee camp at Majnu Ka Tila, saying it was situated in the ecologically sensitive Yamuna floodplains which must be protected.

Justice Dharmesh Sharma on May 30 dismissed the petition in relation to 800 such refugees from the neighbouring country, which also sought directions to the authorities for an alternate accommodation.

The court observed protection of the floodplains aimed to secure the fundamental human right to a clean and healthy environment for Delhi residents and future generations.

The verdict said it even Indian citizens could not claim alternate allotment as an absolute right in cases where the occupied land fell in prohibited areas like the Yamuna floodplains.

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Refugees, it said, had no right to continue to occupy the area as the government of India made no promises to them on providing an allotment or alternate accommodation.

Support and assistance was provided to the limited extent that their respective applications for the grant of a “Long Term Visa” could be submitted successfully and be decided by the Ministry of Home Affairs as expeditiously as possible, it added.

The court, however, recorded its “sincere efforts” to engage with the authorities to facilitate the rehabilitation and relocation of the refugees in vain “seemingly due to a classic case of bureaucratic buck-passing” particularly on the part of the Centre.

“Nevertheless, this court cannot undertake the exercise of framing a policy to ameliorate the plight of the refugees. The present writ petition is accordingly dismissed,” the court said.

The judgment said no doubt protecting the ecologically sensitive Yamuna floodplains was necessary not only from an environmental standpoint but also in line with the categorical directions of the Supreme Court, the NGT, and the high court.

“These directives aim to preserve ecological integrity and secure the fundamental human right to a clean and healthy environment for the residents of Delhi and future generations. Given the critical condition of the Yamuna River, this court unhesitatingly finds that no interference with the ongoing restoration and rejuvenation efforts of the river can be countenanced at the petitioner’s instance,” it said.

The court said under the Delhi Slum & JJ Rehabilitation and Relocation Policy of the Delhi Urban Shelter Improvement Board, Pakistani refugees could not be rehabilitated on account of their foreign nationality status.

Refugees, it noted, were to first acquire Indian citizenship by way of registration or naturalisation under Section 10A of the Citizenship Amendment Act, 2019.

“Needless to state, the effect of the acceptance of such an application would be that the aggrieved refugees shall be deemed citizens of India and would be able to enjoy all rights and benefits available to any ordinary citizen of India,” the court said.

The petitioner moved the high court after a public notice dated March 4, 2024 was pasted in the area asking the residents to vacate their dwellings by March 6, 2024, failing which the DDA would demolish their camp.

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The petitioner argued that the Pakistani Hindu Refugees had been living in Majnu Ka Tilla for several years, with basic facilities being provided by the authorities.

The court initially granted interim relief to the petitioner and restrained DDA from taking any coercive action.