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Jahangirpuri Demolitions Were Unfair As Per Delhi’s Law And Data

A bulldozer to the left. A worker standing to its right.

The North Delhi Municipal Corporation’s (NDMC) decision to raze structures in Jahangirpuri to the ground, is an unfortunate one. Bulldozers kept moving forward even though distressed locals appealed to the authorities not to destroy their homes, shops, lives and livelihoods.

The Supreme Court of India (SC) had stepped in and ordered a stay on the demolition. The court agreed to hear a petition against the anti-encroachment drive and paused all further tearing down until then. But, the NDMC continued with the demolition for over an hour saying the SC’s order hadn’t reached it yet.

“We want to tell the people in the whole of Delhi, wherever there is any illegal encroachment, please remove them yourself. Iske baad unhi logon ka number hai (it will be their turn next),” said Raja Iqbal Singh, mayor of the NDMC, to NDTV.

Did you know that only 23.7% of Delhi’s total population lives in planned colonies? This means that close to 76% of the capital city lives in these so-called “unauthorised” colonies. Singh will have to destroy almost the whole of Delhi if he is serious about what he said. It’s neither possible, nor desirable.

Source: Economic Survey of Delhi, 2008-09.

Communal Violence In Jahangirpuri And Elsewhere

Previously, violence broke out in the area due to a religious clash. On Saturday (April 16), a Hanuman jayanti procession was passing a mosque in Jahangirpuri. There are slightly conflicting opinions on what happened next, with Hindus and Muslims blaming each other.

Apparently, two groups started arguing about the loud music being played by the people in the procession while the azaan (Muslim call to prayer) was going on. The disagreement turned ugly and nine people were injured as a result of the violence that broke out.

The BBC reported that Muslims in the area feel like their properties were targeted, disproportionately. They also questioned the timing of the demolition drive.

Bulldozers razed many structures to the ground, in Delhi’s Jahangirpuri, on Wednesday (April 20). Photo credit: Indian Express.

The Jahangirpuri debacle is eerily similar to what happened in Madhya Pradesh’s (MP) Khargone, last week. The BJP is in power in the state of MP, obviously. And, the Muslims of Khargone city say that their homes were targeted disproportionately, after violence broke out during a religious procession of the Hindus.

The sacredness of Ram navami, Hanuman jayanti, and the holy month of Ramzan, should be used to spread fraternity and peace, not enemity. As Bilal Khan, activist associated with the Ghar Bachao Ghar Banao andolan (movement), wrote on Youth Ki Awaaz:

“A shelter is a basic human need, but due to the increased commodification of this basic service, housing is becoming unaffordable to each and every one of us. The urban poor suffers the most due to this unaffordability. The absence of an adequate housing forces a poor family to live in an informal settlement devoid of all other basic services like: proper sanitation, clean water supply, electricity, ventilation, open spaces and so on.”

The BJP’s Hypocrisy On Unauthorised Colonies

The Municipal Corporation of Delhi (MCD) is ruled by the Bharatiya Janata Party (BJP). In 2020, before the Delhi assembly elections, the central government (led by the BJP) had announced the “PM-UDAY” (Prime Minister–Unauthorised Colonies in Delhi Awas Adhikar Yojana) scheme.

It was a scheme to confer property rights to the residents of unauthorised colonies. Also, in March this year, the centre relaxed development norms for unauthorised colonies in Delhi.

This was a step in the right direction. It was done to allow property owners in unauthorised colonies, to get their building plans approved from the MCD. Why the sudden U-turn?

The BJP may not have won the assembly elections in Delhi, but that is no reason to do the diametrically opposite of what it had publicly announced earlier. In fact, I think it is hypocritical of it to do so now.

Poor People Are Treated Like Second-Class Citizens

Why is it that a poor person is treated as a second-class citizen in this country? It’s certainly not a level playing field, because the rich and the privileged never have to worry about being cruelly evicted from their homes and businesses. It is a fate that has been reserved for the working class and the needy.

Take for instance the unauthorised colonies occupied by the affluent caste-class communities. Out of the total 1,797 unauthorised colonies in Delhi, 69 are affluent ones, such as Sainik Farms, Freedom Fighters enclave, Vasant Kunj enclave, Saidul Ajab extension, Chattarpur enclave. Can one ever imagine demolition taking place in these areas? I seriously doubt it!

Source: A 2019 Ministry of Housing and Urban Affairs notification list.

Moreover, the sudden way in which the demolition work was started, is not only against humanity, but also against the law.

The applicable state laws, including the Delhi Municipal Corporation Act (1957), and the Delhi Development Act (1957), do not allow government agencies (like the NDMC) to demolish buildings and other structures without giving advance notice to the affected. Please find the relevant sections below:

Ideally, such a fate should have never befallen the Delhiites of Jahangirpuri. However, the least the NDMC could have done is to give people a warning so they could make alternate arrangements or think about how to counter their eviction.

The Indian constitution guarantees all PERSONS the right to life and personal liberty. Article 21 says that: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

The least the NDMC should is give people their constitutional right, before razing their homes for being “illegal” with a move that is being construed as being “illegal” itself.

Featured image is for representational purposes only. Photo credit: Pixnio.
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