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Delhi HC Stays Demolition Of Pakistani Hindu Refugees Camps At Majnu Ka Tila, Issues Notice To Centre

Petition has been filed seeking directions against the DDA not to demolish the Pakistani Hindu Refugee Camp at Majnu Ka Tilla, till alternative land is allotted to them, especially in view of the CAA

The Delhi High Court on Wednesday directed the DDA (Delhi Development Authority) to not undertake any demolition against the Pakistani Hindu refugees who have been living in Yamuna floodplains at Majnu Ka Tila since 2011. A petition has been filed in the high court challenging the March 4 notice asking the residents to vacate the place by March 6. The petitioner has sought a direction to stay the demolition till there is an alternative shelter for these 800-odd people.
 
The present petition has been filed seeking directions against the DDA not to disturb/demolish the Pakistani Hindu Refugee Camp at Majnu Ka Tilla, till some alternative piece of land is allotted to them, especially in view of the Citizenship Amendment Act, 2019, which has already been passed by the Government of India, through which, the Government of India wants to give shelter to the persecuted Non-Muslimminorities from Pakistan, Afghanistan and Bangladesh.

Counsel appearing for the petitioner submited in the court that a Public Notice dated 04th March, 2024 was pasted in the area asking the residents to vacate the place by 06th March, 2024, failing which the DDA will demolish their Camp.

"It is submitted that the Pakistani Hindu Refugees have been living at Majnu Ka Tilla since many years, with basic facilities being provided by the authorities. It is submitted that their children are studying in the nearby Government Schools and their examinations are in progress at present. Attention of this Court has also been drawn to the order dated 29th May, 2013 passed...wherein statement was made on behalf of Central Government regarding extending support to the Pakistani Nationals belonging to the minority communities." the counsel told the high court.

The counsel appearing for Delhi Development Authority (DDA) told the court that an order date January 29, 2024 has been passed by
the National Green Tribunal (NGT), wherein, it has been directed that all the encroachment on the Yamuna Flood Plain Zone adjacent to
South of Gurudwara Majnu Ka Tilla on Yamuna River Belt in Delhi, be removed.

The counsel further told the court that cost has also been imposed upon the DDA and the DDA is bound to follow the judicial orders of the NGT.

The DDA counsel further told the high court that Centre had made a statement that it shall extend all the support to the Pakistani nationals belonging to minority communities, who have come to India and have taken refuge here.

The high court then opinioned that the Centre should be made a necessary party before this Court. Following which it issued notice to Centre. The Centre has to file its response by March 19.

"Considering the statement made on behalf of the then Additional Solicitor General of India, as recorded in order dated 29th May, 2013 in W.P.(C) No. 3712/2013 that the Union of India shall make endeavor to extend all support to the Hindu Community which has entered India from Pakistan, it is directed that no coercive action shall be taken against the petitioner, till the next date of hearing," the court ruled.

 
 
 
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