HC asks GDA not to raze houses in Bhovapur Basti for time being

It restrained the GDA from demolishing unauthorised houses in Bhovapur settlement colony in Ghaziabad’s district and asked the government to propose a plan for the rehabilitation of the residents by the next date of hearing.

The Allahabad High Court has observed that amid the global COVID pandemic, it will not be proper for the government to do anything which may aggravate the hardship of people, especially those from the weaker sections of the society. A bench of Chief Justice Govind Mathur and Justice Siddhartha Varma made the observation while restraining the Ghaziabad Development Authority from demolishing for the time being the unauthorised houses of the poor built on the encroached government land in the district.

"It would also be appropriate to state that when the entire globe is facing a pandemic, it is the responsibility of the state to protect everyone, specifically the population of weaker sections, from any hardship that may aggravate their plight adversely," the bench observed. It restrained the GDA from demolishing unauthorised houses in Bhovapur settlement colony in Ghaziabad's district and asked the government to propose a plan for the rehabilitation of the residents by the next date of hearing. The court also directed the Ghaziabad district administration to provide temporary shelters to Bhovapur residents whose houses have already been demolished and to examine the feasibility of providing houses to them under the Pradhan Mantri Avas Yojna.

The bench gave the order on a public interest lawsuit filed by Ghaziabad resident Dev Pal and fixed November 18 as the next date of hearing in the case. The bench also asked GDA to make necessary arrangements to ensure essential amenities including light and water to the residents of Bhovapur Basti.

Counsel for the petitioner informed the court that about 150 houses were demolished on Tuesday and their owners are having no roof to protect themselves and they are sitting under the open sky. According to the petitioner, GDA is acting arbitrarily and it is likely to demolish the remaining houses in the next few days. The residents of the Basti cannot be evicted without providing them with an alternative place of residence as per the law.

In its order, the court said, "Prima-facie, we are satisfied that the GDA should have offered a place to rehabilitate the residents of Bhovapur Basti before their eviction and the demolition of their houses."