New Delhi: The Supreme Court on Thursday directed the removal of 48,000 slum dwellings along the 140 km length of railway tracks in Delhi within three months and said there shall not be any kind of political interference in the execution of the plan.
The slum dwellings will be removed in a phased manner, it said.
However, the SC order has put the politics of Delhi on the boil. When ETV Bharat spoke to senior Aam Aadmi Party (AAP) leader and in-charge for corporations Durgesh Pathak in this regard, he said that no one could be rendered homeless by breaking their shelters.
He added that the government of Delhi is examining the entire issue and whatever arrangement is required will be made. At the same time, Pathak blamed the corporations for the current crisis being faced by these slum dwellers.
He said, "It is the job of the BJP leaders to speak lies. So what kind of reaction I can give on that. The AAP would like to assure these slum residents that they do not need to worry. The government stands by them."
BJP attacks AAP
The Delhi unit of the BJP has a different take on the issue and while talking to ETV Bharat, State BJP unit chief Aadesh Gupta said if the court has asked to remove these slums, then Chief Minister Arvind Kejriwal-led AAP government is solely responsible for this.
"So many years ago, the work was started to give pucca houses to slum dwellers and today over 50,000 dwelling units are ready for these people, but the Arvind Kejriwal government is not allotting these dwellings to them. The Kejriwal government changed the name of the scheme of the Central government under which a dwelling unit was to be given against every jhuggi. Even after doing so, had the AAP government allotted these houses to them, then the current situation where the court had to intervene wouldn't have cropped up." he said.
The Delhi BJP unit also claimed that the advocate of AAP government did not put up the matter properly before the apex Court.
It alleged that the government counsel agreed to the removal of the slums after which the latest order came. Needless to say, the decision of the Supreme Court will cause hardships to the people living in these slums.
"The BJP along with the slum dwellers will fight against the Delhi government. The flats which are ready must be allotted to them at the earliest. This responsibility lies with the Delhi Urban Shelter Improvement Board. It must initiate the process of flat allotment immediately. For this, the BJP with the help of slum residents will build pressure on the state government," a statement from the unit read.
Congress also trains guns at Kejriwal government
Following the court order, the Delhi Pradesh Congress Committee (DPCC) chief Anil Kumar Chaudhary also launched a scathing attack on the Kejriwal led AAP government saying that the labourers to remove these jhuggis will come from there only.
"Will Kejriwal have the guts to open his mouth now? Congress has always fought for the rights of the poor people and will fight for these slum dwellers as well. We will ensure that they get a pucca house, concrete roads, water and electricity supply," the DPCC said.
Also read: Delhi riots: Former JNU student Umar Khalid questioned
Adding to the order, the top court also restrained any court from granting any kind of stay with respect to removal of encroachments in the area and said in case any interim order is granted with respect to encroachments along railway tracks that shall not be effective.
A bench of justices Arun Mishra, B R Gavai and Krishna Murari, which took note of the report filed by the Environment Pollution (Prevention & Control) Authority (EPCA) directed action be taken, be reported to the court within one month on the removal of waste and encroachments in the area.
"We also direct all stakeholders that a comprehensive plan for removal of jhuggies be made and executed in a phased manner. The encroachments which are there in safety zones should be removed within a period of three months and no interference, political or otherwise, should be there and no Court shall grant any stay with respect to removal of the encroachments in the area in question," it said.
The bench said, "in case any interim order is granted with respect to encroachments, which have been made along with railway tracks that shall not be effective."
The EPCA, in its report, has sought a direction to Railways to present a time-bound plan for solid waste management in the northern region, starting with Delhi and its vicinity.
"We direct that let the plan be executed with respect to removal of plastic bags, garbage etc. within a period of three months and a meeting of all stakeholders, i.e. Railways, Govt. of NCT of Delhi and concerned Municipal Corporations, as well as Delhi Urban Shelter Improvement Board (DUISB), will be called next week and work will be started forthwith," it said.
The bench said that 70 per cent of the requisite amount shall be borne by the Railways and 30 per cent by the State Government and the manpower be provided by the South Delhi Municipal Corporation (SDMC), Railways and agencies available with the Government, free of cost, and they will not charge it from each other.
Also read: LG gives green signal to resume Metro train services in Delhi
The order of the bench was passed on August 31 but was uploaded on the apex court's website recently.
Justice Mishra demitted office on Wednesday.
The bench directed the SDMC, Railways and other agencies to ensure that their contractors do not put the waste/garbage on the sides of railway tracks and Railways shall also prepare a long term scheme that no such piling of waste takes place along sides of tracks.
The picture painted in the report of the EPCA as well as in the reply filed by the Railways indicates that nothing has been done so far and waste is being piled up and at the same time, there is human habitation which has come in the same area unauthorisedly, which are required to be taken care of. Let the action taken be reported to this Court within a period of one month, the bench said.
The bench, took note of the affidavit filed by AK Yadav, additional Divisional Railway Manager at DRM Office of Northern Railway and said that it is being stated that there is a predominant presence of jhuggies' in Delhi along the 140 km route length of track in the region of NCT of Delhi where the railway tracks take off in different directions and also include a ring connecting the takeoff of all these routes.
Out of this, about 70 km route length of the track is affected by large jhuggie jhopri' clusters existing in close vicinity of tracks. These clusters sum up to a total of about 48,000 numbers of jhuggies in the region adjacent to railway tracks, the bench recorded in its order.
It noted that a Special Task Force (STF) for removal of encroachments from the Railway Property has already been constituted by the Railways in terms of directions and order dated October 1, 2018, passed by the National Green Tribunal, New Delhi.
The railways in its affidavit have pointed out that there seems to be some political intervention against the removal of such encroachments which are coming in the way and there are certain encroachments which are within the safety zone of the Railways.
Also read: Consider legally viable options to pay GST dues to states: Kejriwal to PM
The Railways has placed on record the task of cleaning tracks which can be taken in a phased manner and with the cooperation of the statutory authority like DUSIB, Corporations and the State Governments. Other steps taken by the Railways have also been delineated. There is the involvement of law and order issues also, the bench noted in its order.
On February 28, the top court had taken note of "heaps of plastic bags and garbage" lying on both sides of railway lines in outer Delhi region and asked the Delhi government, civic bodies and EPCA to make a concrete plan for its removal.
Terming the situation as "pathetic", the apex court had taken cognisance of this issue and said steps have to be taken on a "war footing basis" so that no such garbage is dumped on the sides of railway lines in future.
It had directed that a joint meeting be held by all stakeholders and a comprehensive action plan and time-frame be placed before the court.
This issue had cropped up before the apex court which is hearing matters related to pollution in the Delhi-national capital region (NCR).
'Will request CM for help'
The chief of DRP Line slums, Subodh told ETV Bharat that they are going to meet Chief Minister Arvind Kejriwal along with some other people tomorrow morning at his official residence to request them to help them out. They will keep trying to meet him for the next two days if tomorrow’s meeting does not take place. Still, if they don’t get any assistance from any quarters, then they will protest against the order of the Supreme Court as they do not have any other option.
