New Delhi, Apr 10 The Delhi High Court has allowed authorities to proceed with a demolition drive in the city's Shalimar Bagh area for the expansion of a public road and granted the occupants time till May 30 to vacate the premises.
A bench of Justices Prathiba M Singh and Madhu Jain was hearing a petition filed by Saroj, a Shalimar Bagh resident who had approached the court on behalf of around 98 occupants residing on land that has been acquired by the government in Haiderpur village.
The Delhi government was represented in the court by Additional Solicitor General Chetan Sharma, Legal Aid Counsel Dheeraj Kumar Singh and Standing Counsel Sanjay Kumar Pathak.
In an order dated April 6, the court said, "The expansion of infrastructural projects, especially those concerning access to essential services, such as medical care, education and fire safety, ought not to be delayed any further, as such delay would be detrimental to the larger interests of the residents of Shalimar Bagh."
It said the interest of the private occupants encroaching upon public land must yield to the broader public interest, including the needs of the residents and a smooth flow of vehicular traffic in the area.
"This court is of the view that the widening of the road cannot be delayed any further. The residents have to ensure that the same is also not hampered or obstructed in any manner," the bench said.
The petitioners had sought protection from demolition and dispossession, claiming that several families are residing on the land for decades and would be rendered homeless if evicted.
The bench was informed that the land in question was already acquired by authorities and that earlier challenges to the acquisition were dismissed by the high court, with the Supreme Court also declining to interfere in the matter.
However, considering the long-standing occupation of the residents, the court granted them time till May 30 to vacate the premises.
It directed that till the said date, the occupants would not be dispossessed and authorities would not carry out demolition of the structures under their occupation.
The court further asked the Government of the National Capital Territory of Delhi (GNCTD) to consider the occupants' request for the grant of ex-gratia compensation in a sympathetic manner and take an appropriate decision in accordance with law.
"Upon the expiry of the aforesaid period, that is, May 30, 2026, the respondents are at liberty to proceed with the expansion of road No. 320 and remove all the encroachments and unauthorised constructions," the court said.
"Until the reasonable time to vacate expires, the petitioners shall not be displaced, subject to their cooperation with the authorities in terms of the present directions," it added.
The Delhi government is conducting a demolition drive to widen the road in Shalimar Bagh by removing unauthorised encroachments on land acquired decades ago.
Authorities say the road widening is necessary to improve the traffic flow and ensure that emergency vehicles like ambulances have vital access to nearby hospitals and schools.
