Whose land is it, anyway?

Anti-encroachment drives by multiple urban bodies in the recent past have taken a toll on many lives. Wakeel Hassan’s drastic change of fate, from celebrated Silkyara-rescue hero to homelessness, is the latest in Delhi’s ‘development’ turmoil. It also illustrates the larger challenges of displacement of the marginalised, and ethical dimensions of urban policy and governance, writes Prabhat Shukla
Representative image
Representative image

The police have cordoned off a stretch of the neighbourhood. Hesitant heads emerge from windows and are quickly retracted at the sight of uniforms. Anxious glances are exchanged. Through the crowd, you have caught a glimpse of your neighbour; standing inside the sealed area, his arms are flailing in desperation as he tries to communicate something to a uniform, who shakes his head in the most business-like manner.

Through the clamour, you have heard the unmistakable roar of the fateful engine. The yellow monstrosity approaches, creeping, its arms contracted as if ready to pounce. You know them by three letters, bold silver-black font, shinning in the early-spring sun—JCB. If only the British multi-national knew that its name had come to denote its indomitable product, the bulldozer. We are told that it strikes fear in the heart of criminals, ‘anti-nationals’. We haven’t verified the claims. But you’re neighbour’s daughter has huddled around their father; they seem afraid.

Hero, but homeless

Once the rubble had settled, we gathered at a ‘safe’ distance. “I had received a lot of praise for my work during the tunnel rescue. But what have I received in return? The roof over my head has been snatched away. My children are on the road. Where will I take them now?” mumbles a man as he stands on the rubble that was his house.

Wakeel Hassan, a rat-hole miner, made the headlines after he led a team that helped rescue 41 workers trapped in Uttarakhand’s Silkyara tunnel last year. Now, relegated to the footpath after the Delhi Development Authority (DDA) razed his house in north-east Delhi’s Khajoori Khas area on February 28 as part of a demolition drive, he wonders what he had done to deserve this. Forty-five-year-old Hassan has lived in Shri Ram Colony, Khajoori Khas for the last 32 years, where he bought a house in 2013. Hassan says the colony was regularized in 2008. The DDA disagrees, says Hassan’s house was an encroachment upon “planned development land”.

According to Hassan, residents of the area are forced to routinely bribe officials from various government departments in order to retain their houses. “Most people here are not well educated; they don’t know the difference between unauthorised and authorised colonies,” he said.

The DDA’s statement is cold, concise: “In its role as authority, it cannot allow encroachment on its land or unauthorized constructions in its development areas.” The DDA says Hassan was aware of the “status of encroachment” of the property. The ‘unauthorised structure’ had been previously removed in 2016, and encroached upon again in 2017, DDA alleges.

Government data

Hassan says he received no prior intimation, no notice regarding demolition. “I believe I was specifically targeted. There are so many houses in this locality. Why have they demolished only my house? They were aware of who I was. My daughter kept telling them of my achievements but they did not listen. My family and I were treated like criminals,” he said. The exercise was a “routine encroachment-removal drive,” the DDA said. They did not “target any particular individual.”

‘Officials were not aware of Hassan’s role in the Silkyara tunnel rescue operations before or during the anti-encroachment operations’, was the DDA defence. The civic authority said, once Hassan’s role in the tunnel rescue operation was revealed, the DDA extended support to his family and made alternate shelter arrangements. “The DDA offered me a temporary accommodation in Narela. But that area is infested with crime, so I refused their offer. If anything were to happen to my children, the government would refuse to take any responsibility. Therefore, I have decided to remain right here; where my roots are,” said Hassan.

Prominent politicians had their own two bits. BJP leader Manoj Tiwari, CPI(M) veteran Brinda Karat, among others came to see Hassan, offered their sympathies, assured redressal. What came of these meetings we do not know.

“Manoj Tiwari has assured me he will talk to the Lieutenant Governor about my situation. I wish that my house is reconstructed in the same place or at least in the same area. I will have to resort to legal action if all else fails,” Hassan said.

Today, Hassan continues to camp outside the rubble of his house. Neighbours and relatives have helped him with food and other amenities. However, their lives lives lie shattered among the rubble, his three children, aged 7 - 17, unable to go to school. “On the day of her exam, my daughter is standing on the road. Her books, school dress, notes, everything is scattered somewhere under the debris,” Hassan’s wife Sabana said.

Refugees distressed

The DDA made to the news again when controversy erupted on March 6 that the DDA had issued notices to Hindu refugees from Pakistan living near Gurudwara Majnu Ka Tilla in the Yamuna floodplain area, urging them to vacate the premises. The authority had planned a demolition drive against the encroachments in compliance with a National Green Tribunal (NGT) directive. These refugees, seeking shelter in India, now find themselves grappling with the threat of displacement once again.

“We just recovered from the losses we faced during the floods, but now they are about to run a bulldozer here. How are people supposed to vacate in such a short notice? Where are we supposed to go?” said Sona Das, one of the refugees. “If they want us to vacate, they should give us an alternative accomodation and time to move. My family and I moved from Pakistan to India in 2011 for some relief but now, we are facing similar problems here too,” the immigrant lamented.

Various Hindu outfits came out in opposition to the notice. Leaders from the Aam Aadmi Party were also quick to denounce the action with Urban Development minister Saurabh Bharadwaj demanding that the BJP-led central government should immediately withdraw the order. BJP hit back saying that the AAP was ‘playing politics’ over NGT orders.

A DDA statement said, “The area comes under Yamuna floodplains. The NGT in its October 2019 order, directed that floodplains cannot be allowed to be occupied because it may damage the ecology of the river.” The DDA, however, has postponed eviction from the site.

MCD action

Despite lofty claims, the AAP-led Municipal Corporation of Delhi (MCD) has also carried out a series of demolitions and sealing drives. In early March, MCD carried out demolition drives against unauthorized constructions in Mehrauli, Fatehpur Beri, and Vasant Kunj areas of South Delhi. In addition, properties were sealed in Abul Fazal Enclave-I, Shaheen Bagh, Jamia Nagar, Zakir Nagar, and Batla House.

Actions were taken “to curb the menace of unauthorized construction,” the MCD maintained. The actions align with the guidelines outlined in the Master Plan (2021), Unified Building Bye-Laws (2016), and the Delhi Municipal Corporation Act (1957). It said, “MCD adheres to a zero-tolerance policy regarding unauthorized construction and will continue to carry out demolition, sealing actions, and actions against illegal plotting and colonisation in the coming weeks with higher intensity.”

Following intermittent bans on construction and demolition activities as part of the Graded Response Action Plan (GRAP) to tackle pollution levels, the MCD resumed its operations against illegal structures once bans were lifted. As part of the campaign, the MCD carried out a total of 440 demolitions in January alone, the civic body said.

This initiative resulted in clearance of around seven acres of land from unauthorized structures, contributing to the recovery of an estimated 70 acres overall. The targeted areas in this operation include affluent localities such as Dera Mandi, Bhati, Said-ul-Ajaib, Chattarpur, Burari, Jaitpur, and Narela.

To strengthen anti-encroachment efforts, the MCD has collaborated with electricity and water supply authorities to ensure the immediate disconnection of services to these illegal constructions, aiming to deter such activities.

The MCD’s actions, while aimed at curbing unauthorized construction, also raise concerns about their approach to urban development. Demolition drives as primary means to address illegal construction can have far-reaching consequences, especially for vulnerable communities.

Sunder Nursery tangle

In November 2023, the Sunder Nursery slum in Nizamuddin was demolished by the Land and Development Office (L&DO) of the Centre. This came after a Delhi High Court order that declined to reconsider the case of the locals. The slum housed over 1,500 underprivileged residents engaged either as e-rickshaw drivers or domestic help who were left homeless with their families.

The petitioners, representing slum dwellers, had sought a review of a February 2019 order, but the high court dismissed the plea for demolition in the last week of November. The residents argued that the court erred in concluding that the cluster was non-existent before the of January 2006, presenting evidence such as telephone bills, Aadhaar cards, and voter cards to support their claim. However, the court’s refusal to consider its decision left the displaced community out in the harsh winter.

The slum residents requested more time to relocate. “We don’t have a problem with the demolition, but officials need to give us time to move our belongings. People should be given space in shelters until they find a place to stay.”

Urban Development minister Saurabh Bharadwaj criticized the Centre, particularly the L&DO, for its role in the demolition, denouncing the “cruel stand” taken in the high court. He said it was the DDA’s responsibility to rehabilitate the impoverished residents before dismantling their homes.

Humanitarian concerns

The spate of demolitions targeting illegal properties in and around the city has raised concerns over the human cost of such actions. Wakeel Hassan’s story epitomizes the plight of many, individuals and families, who find themselves homeless within hours, their lives upended by authoritive actions.

The lack of adequate rehabilitation measures for the affected is also glaring. While authorities claim to offer ‘alternate shelter’, the ground reality often disagrees. The demolition drives in the city over the past few months highlight the need for a more humane and sustainable approach to urban development. While addressing illegal construction is important, it should not come at the cost of displacing vulnerable communities. The focus should be on providing adequate housing and infrastructure for all residents, regardless of their legal status.

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