By Diksha-
The Allahabad High Court on Wednesday passed an interim order putting a stay on the demolishing of the Bhovapur Basti in Ghaziabad.
Stating that “when the entire globe is facing a pandemic, it is the responsibility of the State to protect everyone, more specifically the population of weaker sections from any hardship that may aggravate their plight adversely”, the Court also ordered the GDA to provide alternate shelter to those whose homes have already been demolished.
The writ petition said that the Bhovapur Basti has been standing since 1990 and the people residing in this Basti are from lower stratums that have come here to work for a living. Also, Section 26-A of the Uttar Pradesh Planning and Development Act, 1973 protects their right of residence.
The Section reads as follows:
“Provided that any encroachment made on public land by a person belonging to weaker section on or before the date of commencement of the Uttar Pradesh Planning and Development (Amendment) Act, 1997 shall not be removed until alternative land or accommodation is offered to rehabilitate him in such manner and on such terms and conditions as may be prescribed.”
The Petitioner also averred that more than 150 houses of the slum have already been demolished by the GDA on October 9 and the residents have no roof over their head since then. The GDA has a responsibility of providing alternate shelter to the people; a responsibility that has been ignored very conveniently.
The Hon’ble Court granted the following interim directions:
(i) The Ghaziabad Development Authority shall not proceed with demolition of the houses situate in Bhovapur Basti till further orders;
(ii) The District Administration, Ghaziabad shall provide temporary shelter to the residents of Bhovapur Basti whose houses have already been demolished;
(iii) The Development Authority and the State shall see to the viability of providing houses under the Pradhan Mantri Avas Yojna;
(iv) All necessary arrangements shall be made as a temporary measure by the Ghaziabad Development Authority to provide essential amenities including light and water to the residents of Bhovapur Basti till further orders;
(v) All necessary medical facilities are also required to be extended to the residents of Bhovapur Basti. On the next date of listing of the writ petition, the Ghaziabad Development Authority shall propose a complete plan for rehabilitation of the residents of Bhovapur Basti.
The matter has been listed for next hearing on November 18, 2020.