Why has Sainik Farms been left in limbo, asks Delhi HC
…some of the structures in affluent colonies like Sainik Farms are in need of urgent repair.
NEW DELHI: Questioning the strict embargo on carrying out repairs on properties located in south Delhi’s Sainik Farms area, an unauthorised colony, the Delhi high court on Tuesday questioned the Union government over its “reluctance” in formulating a policy to regularise such “affluent colonies”, and noted that some of the structures there needed urgent repairs and may collapse anytime.
“Even in respect of these colonies that you term as ‘affluent’, you should take a decision, why should you leave it in limbo? You yourself call them affluent, so by all means do whatever is necessary for development, charge whatever needs to be...there are people who are facing acute problems, there are seepage and some structures are precarious. Who will be responsible if any structure falls tomorrow?” the court said.
A bench of acting chief justice Vipin Sanghi and justice Navin Chawla was hearing a plea by Ramesh Dugar, convener of the area development committee of Sainik Farms, seeking regularisation of the colony. It asked the government as to who would take responsibility if a house in the area came crashing down as a result of the residents’ inability to carry out repair works on account of the colony being unauthorised.
“There should be some mechanism that may determine if any property is so precariously placed that it may fall...you send your team, have it surveyed...but some repair work (must) be allowed,” the court told additional solicitor general (ASG) Aishwarya Bhati, who represented the Centre.
In October 2019, the central government regularised 1797 unauthorised colonies in Delhi, which has allowed residents of these colonies to claim ownership rights of their properties, take permission for construction and for loans. However, the government did not regularise 69 “affluent colonies”, including Sainik Farms, and those built in forest land.
The high court asked the Union government to explore the possibility of evolving a mechanism whereby there is credible vigilance in the matter of granting permission to carry out repairs.
….. the strict embargo on repair works in the existing structure is a catastrophe as some of the structures in affluent colonies like Sainik Farms are in need of urgent repair. God forbid any structure collapses due to lack of repair, the same would lead to loss of life. We have, therefore, put to the parties that the respondents look into this aspect as continuation of status quo on necessary repairs may be putting the occupants and residents at risk of life and property,” the court said in an oral order.
The Centre, in its affidavit, said the government has taken a conscious decision to not get into the regularisation of unauthorised colonies which are categorised as affluent. It said the government is currently focusing on the redevelopment of the 1,797 unauthorised colonies.
Additional solicitor general AS Bhati told the court that the constructions in the affluent colonies such as Sainik Farms are protected by law up to December 31, 2023, despite these structures having been raised illegally.
To this, the court said there is a good “intelligible differentia” between affluent and nonaffluent colonies, and added that waiting for regularisation of over a thousand non-affluent colonies will take “decades and decades”.
“Will that be an answer if something happens tomorrow? You can’t leave things in this state...please take a decision. We are not saying what decision -- that’s entirely your call. If you say it is illegal, take your bulldozers and demolish everything...thousands of houses are constructed there. The pragmatic way is, just like you have regularised others, regularize them as well, charge whatever is required, we don’t think anyone will have an issue with that,” the bench said.
The matter will be heard next on July 6.