In the legal realm of New Delhi, the Delhi High Court accorded the central government a fortnight’s extension to furnish a rejoinder concerning a petition contesting a notification prompting the evacuation of Pakistani Hindu refugees inhabiting a camp situated at Delhi’s Majnu Ka Tilla.
Presiding Judge Mini Pushkarna, subsequent to granting a duration of two weeks to the representative of the central government, scheduled the affair for deliberation on the 24th of April. The provisional decree will endure until the forthcoming hearing.
Previously, the High Court instructed the Delhi Development Authority (DDA) to refrain from taking any coercive measures. On the 12th of March, the High Court issued an interim injunction in response to a plea contesting the notification issued by the DDA.
In rendering the directive, the High Court took into consideration the assertion made by the Central Government in a petition from 2013, stating that the Union of India will endeavor to provide assistance to the Hindu community that has migrated from Pakistan to India. Justice Mini Pushkarna directed that no coercive action be taken against the petitioner until the next scheduled hearing.
The bench also instructed the inclusion of the Central Government and mandated the submission of an amended memorandum of parties within a span of three days. A petition was lodged by one Ravi Ranjan Singh in the High Court challenging the notification dated the 4th of March, which instructed the inhabitants to vacate the premises by the 6th of March. The petitioner sought an injunction to halt the demolition until suitable accommodations are arranged for the approximately 800 individuals.
The petitioner requested directives to prevent the disturbance or demolition of the Pakistani Hindu Refugee Camp at Majnu Ka Tilla until an alternate parcel of land is allocated to them, particularly in light of the Citizenship Amendment Act, 2019. Through the Citizenship Amendment Act (CAA), the Indian Government aims to provide refuge to persecuted non-Muslim minorities from Pakistan, Afghanistan, and Bangladesh, as stated in the plea.
Advocate RK Bali, representing the petitioner, contended that a Public Notice dated the 4th of March 2024, was affixed in the vicinity instructing residents to vacate the premises by the 6th of March 2024, under threat of demolition by the respondents. It was further asserted that Pakistani Hindu Refugees have resided in Majnu Ka Tilla for numerous years, with rudimentary amenities provided by the authorities; their progeny are enrolled in nearby government educational institutions, and their examinations are currently underway.
Counsel for the DDA stated that an order dated the 29th of January was issued by the National Green Tribunal (NGT) in an Execution Application dating back to 2019, mandating the removal of all encroachments on the Yamuna Flood Plain Zone adjacent to the south of Gurudwara Majnu Ka Tilla on the Yamuna River Belt in Delhi.
She further indicated that penalties had been levied on the DDA and emphasized that the DDA is obligated to comply with judicial directives. The standing counsel for DDA also referenced the order dated the 17th of October 2019, issued by the NGT, wherein the DDA itself brought to the attention of the NGT the order passed on the 29th of May 2013 in a petition.
She further submitted that, although the DDA may harbor sympathies for the petitioner, it is constrained by the various directives issued by the NGT.