Pakistani Hindu refugees cannot be entitled to seek alternate accommodation as a matter of legal right on account of their foreign nationality, the Delhi high court has held
Dismissing a petition by the refugees seeking to restrain the Delhi Development Authority (DDA) from demolishing a refugee camp at Majnu Ka Tilla, until their resettlement on an alternative land, a bench of justice Dharmesh Sharma said that the petitioners cannot rely on May 2013 direction of the Centre to seek alternate accommodation as a matter of legal right.
The court was hearing a plea filed by an activist Ravi Ranjan Singh against the proposed demolition of a refugee camp by DDA.
Taking up the cause of approximately 800 Hindu refugees from Pakistan, Singh urged the court to restrain DDA from demolishing the camp, until they were allowed an alternate land to reside in view of government’s policy to give shelter to non-Muslim minorities from countries such as Pakistan, Afghanistan and Bangladesh as per the Citizenship Amendment Act.
He further asserted that the primary responsibility to accommodate the said refugees rests on the Centre’s shoulders, as the plea relied on the Centre’s May 2013 statement on extending support to the Hindu community which came to India from Pakistan.
“This Court has no hesitation in holding that the petitioner herein is not entitled to the reliefs sought by way of the present petition. First and foremost, the order dated 29.05.2013 passed in Nahar Singh case does not contain any direction to suggest that an alternate accommodation was promised to the said group of refugees by the Government of India, or that they were entitled to such allotment, thus, the petitioner herein cannot seek alternate accommodation as a matter of legal right,” the court opined.
Additionally, the order stated that even under the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015, any person sought to be relocated and rehabilitated must first and foremost be a citizen of India to become eligible for the allotment of alternate dwelling units.
“In view of the aforesaid, the position that emerges is that the Pakistani refugees cannot be rehabilitated under the DUSIB Policy on account of their foreign nationality status. The petitioner and other similarly placed refugees have no right to continue to occupy the area in question,” the order said.
DDA in March last year asked the residents to vacate the camp, failing which it will be demolished by the authority concerned. On March 12, the high court by way of an interim order restrained DDA from demolishing the camps.
DDA, represented by advocate Prabhsahay Kaur, submitted that the National Green Tribunal on January 29 this year directed removal of all the encroachment on the Yamuna Flood Plain Zone adjacent to South of Gurdwara Majnu ka Tila on Yamuna River Belt. A cost was also imposed on DDA, and thus the civic authority was bound to follow the judicial orders, the advocate said.
Taking note of the fact that the land fell under the Yamuna floodplains, justice Sharma said, “It is undeniable that even Indian citizens cannot claim alternate allotment as an absolute right, particularly in cases where the land they occupy falls under specially prohibited areas like Zone ‘O’ of Delhi, i.e., the Yamuna floodplains. 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.”
While dismissing the plea, the court also vacated its interim order and impressed upon the refugees to acquire Indian citizenship, which would enable them to enjoy rights and benefits available to any ordinary Indian citizen.
“Needless to state, the effect of the acceptance of… (citizenship) 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.