Encroachers have No Right Beyond the Right Of Rehabilitation: Delhi HC

The Delhi High Court, on Friday, heard the applications related to the proposed demolition of Madrasi Camp, an unauthorized settlement near the Barapullah drain. The court, while allowing the demolition to commence from June 1, 2025, held that none of the encroachers have any right to claim beyond the right of rehabilitation, as it is public land where these dwellers have encroached upon.

The bench of Justice Prathiba M. Singh and Justice Manmeet Pritam Singh Arora held, “The rehabilitation of the Madrasi Camp dwellers is also essential for the de-clogging of the Barapullah Drain. None of the dwellers can claim any rights beyond the right of rehabilitation, as the land is public land which is encroached upon”.

The origins of the dispute lay in the illegal construction on various drains leading into the Yamuna River, including the Barapullah drain, which caused serious pollution and waterlogging in surrounding areas. The court had earlier ordered the removal of such encroachments, including those at the Madrasi Camp.

Although several residents sought to delay eviction until rehabilitation measures were enscred, both DUSIB’s 2015 JJ Policy and a 2016 Draft Protocol were cited to support their claims. The Court noted that a survey conducted by the Eligibility Determination Committee had found 189 out of 370 jhuggis in the Madrasi Camp eligible for rehabilitation.

Over several hearings between October 2024 and April 2025, the court explored various options for relocating these residents. Flats in Kalkaji and Dwarka were unavailable, leaving Narela as the only viable option. Despite setting up a distribution camp for allotment letters, most eligible residents refused to accept them.

Concerns were raised regarding the Rs. 1,12,000 contribution mandated by the JJ Policy, along with Rs. 30,000 in maintenance charges. Consequently, the court directed the Chief Secretary of GNCTD to convene a meeting with residents and authorities to resolve the following issues: financial concessions or loan facilities, school admissions, transportation, and infrastructure at the relocation site. The meeting was held on 1st May 2025, attended by various government departments and residents' representatives.

Despite these assurances, most residents refused to sign the attendance sheet and reiterated their objection to relocating to Narela, stating their unwillingness to move irrespective of available amenities.

Counsel for the residents contested the adequacy of the notice period and the living conditions at Narela, claiming they lacked basic services. However, DUSIB informed the Court that 350 families were already residing in the same housing complex and that the facilities would be made fully functional.

The court acknowledged the objections but noted that the demolition had already been kept on hold since September 2024, giving ample time to the residents. It found that the residents had no legal entitlement to remain on encroached land, and that authorities had complied with their obligation under the rehabilitation policy.

Thus, the court concluded that the encroachers’ right was limited strictly to rehabilitation, and not to dictate the terms of location or resist lawful relocation.

The court, “in order to enable smooth rehabilitation of the Madrasi Camp dwellers, while achieving the purpose of the demolition i.e., for removal of encroachment and unauthorised construction on the Barapullah drain… directs as under:

a) The Authorities (DDA, MCD, DUSIB, PWD, GNCTD) shall hold two camps from 10th May, 2025 – 12th May 2025.

● Camp No.1 would be for handing over possession letters of the Narela flats.

● Camp No.2 shall be for the purpose for sanctioning loans, if required. To enable the same, the representatives of the Banks shall be duly present at the camps so that if any of the Dwellers wish to avail of any loan facilities the same can be arranged without inconvenience.

b) Parallelly, the DDA/DUSIB shall ensure that all the amenities in the flats such as fixtures and fittings are available, by 20th May, 2025;

c) After 20th May, 2025, the eligible persons/dwellers from the Madrasi Camp shall start moving their belongings to the respective flats allotted to them in Narela. If any of the residents choose not to take the possession letters or avail of loan facilities, no further opportunity shall be granted to them for seeking allotment of the flats at Narela or any rehabilitation camps.

d) From 20th May, 2025 to 31st May, 2025, all the belongings shall be moved from the Madrasi Camp;

e) The demolition of the Madrasi Camp shall commence from 1st June, 2025.

f) While the Authorities are present in the Madrasi Camp, if any residents or dwellers therein have missed out on the survey which was already held, a Survey would be conducted and such residents can get their eligibility determined by the DUSIB accordingly.

g) In addition to the above, all the tasks to be undertaken in terms of the Minutes of meeting dated 1st May 2025, shall also be undertaken, including facilitation of admission of children in the schools by the time the academic session begins in July 2025”.

For Petitioners: Advocates Vrinda Grover, Prasanna J., Rupali Samuel, Devika Tulsiani, Soutik Banerjee, Choudhary Ali Zia Kabir, and Sumayya Khatoon

For Defendants: Senior Advocate Parvinder Chauhan with Standing Counsel Prabhsahay Kaur and Advocates Anuj Chaturvedi, Aakriti Garg, Deeksha L. Kakar, Aditya Verma and Kavya Shukla

Case Title: Shabnam Burney v Union (2025:DHC:3525-DB)