Demolition of Taimoor Nagar drain encroachments begins today, Delhi HC allows 14 families to move out by May 6

On Saturday, the Delhi High Court declined to halt the demolition of encroachments surrounding the Taimoor Nagar drain and linked the flooding in different areas of the capital, particularly in South Delhi, during Friday’s rains and thunderstorms to the drain’s failure to carry rainwater downstream because of the encroachments. The court, on April 28, instructed the authorities to demolish encroachments near the drain on Monday.

Justices Prathiba Singh and Manmeet Pritam Singh Arora were addressing a petition submitted by 14 residents, who asserted that they live in jhuggis at the Indira Gandhi Camp Part-I in Taimoor Nagar extension, alleged to be located within the designated area for demolition. The inhabitants asserted that they have lived at the location since 1985 and got notification about the demolition on April 26, mandating them to leave their property.

The court provided a single extension to the 14 applicants asking for 10 days to leave and allowed them to relocate by Tuesday (May 6) evening.

“This Court is of the considered view that the waterlogging witnessed in various parts of Delhi on the said date (May 1 and 2), including in South Delhi, is attributable, at least in part, to the inability of the Taimoor Nagar drain to effectively discharge rainwater downstream due to these obstructions… individuals who have encroached upon public land and erected unauthorised structures, being limited in number, cannot be permitted to assert their purported rights in priority of other citizens,” the court noted.

“The rights of lawfully residing residents of the area and adjoining colonies, who are entitled to habitable and flood-free living conditions, would have precedence in comparison with persons who have encroached and built unauthorised tenements on public land – that too with modern facilities. Owing to the monsoon season which is to arrive shortly, the expansion of the said drain is not only necessary but imminent and imperative,” the court said.

The court recorded that “adequate time has already been given to the residents” since April 26 “for removing their belongings”. The bench, however, added that during the demolition, older people, women, and children should be allowed to peacefully remove their belongings, ensuring no law and order issues arise.