Sainik Farms residents challenge 'affluent' classification: HC seeks Centre, AAP govt stand

It has sought an order from the court declaring as ultra vires the provisions in the Act and the regulations which provide for such a classification. It has also sought a direction to the Centre to "treat the petitioner's colonies i.e. Sainik Farms and Sainik Farms Western Avenue at par with the unauthorised colonies' residents who have been conferred with ownership rights".

The Delhi High Court on Friday sought response of the Centre and AAP government on a plea by residents of Sainik Farms alleging they have been arbitrarily and illegally classified as affluent unauthorised colonies resulting in non-recognition of their ownership rights over their properties. A bench of Chief Justice D N Patel and Justice Prateek Jalan issued notice to the Ministry of Housing, Delhi government, Delhi Development Authority (DDA) and the South Delhi Municipal Corporation (SDMC) seeking their stand on the plea by residents of Sainik Farms and Sainik Farms Western Avenue.

The residents of the two colonies, represented by advocates Uttam Datt and Sonakshi Singh, have said that the Centre came out with the National Capital Territory of Delhi (Recognition of Property Rights of Residents in Unauthorised Colonies) Act of 2019 and regulations were framed under it for recognising the ownership rights of residents of unauthorised colonies. "However, the benefit under the Act and the regulations have been arbitrarily and illegally denied to the residents of the unauthorised colonies that are identified as affluent unauthorised colonies (AUCs)," the petition has said.

It has contended that no reason or rationale has been provided under the Act or the regulations for such a classification. It has sought an order from the court declaring as ultra vires the provisions in the Act and the regulations which provide for such a classification.

It has also sought a direction to the Centre to "treat the petitioner's colonies i.e. Sainik Farms and Sainik Farms Western Avenue at par with the unauthorised colonies' residents who have been conferred with ownership rights".  The high court listed the matter for further hearing on November 27..