Delhi High Court Calls for Collaborative Action on Sainik Farm
In a significant legal development, the Delhi High Court has instructed the Ministry of Housing and Urban Affairs (MoHUA), the Delhi government, the Delhi Development Authority (DDA), and the Municipal Corporation of Delhi (MCD) to hold a meeting to address the longstanding issues concerning Sainik Farm. This directive was issued on Tuesday by a Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia.
A Decade of Legal Ambiguity
Sainik Farm, a prosperous yet unauthorized residential area in South Delhi, has been at the center of legal disputes for over ten years. The court noted the prolonged pendency of cases related to the legality and construction activities in this colony and emphasized the need for a resolution. The authorities have been given a two-month timeframe to conduct this meeting and report back to the court by November.
Urgency for Policy Decisions
The court underscored the urgency of formulating a definitive scheme or policy decision regarding the future of Sainik Farm. “You have to take some decision. You cannot keep them in lurch. Something needs to be done,” remarked the Bench, highlighting the government’s past tendencies to regularize illegal constructions in other areas. “They should know their fate,” the court stressed, reflecting the residents’ need for clarity.
Restrictions on Construction and Repairs
Currently, the High Court is not permitting residents to undertake any repair work on their properties due to the absence of legal building plans and layouts. “At least we are not permitting them to even undertake the repair,” the Bench asserted, emphasizing the illegal status of the existing constructions.
Government’s Perspective and Plans
Additional Solicitor General (ASG) Chetan Sharma, representing the Central government, expressed concerns over previous attempts to allow repairs, which allegedly led to excessive and unauthorized constructions. “It is an island, my lords, which does not behove of who are living there,” Sharma stated, hinting at the influential nature of the residents. He also mentioned that a new master plan for Delhi is pending with the Central government, which could impact the future decisions regarding Sainik Farm.
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Residents’ Concerns
Meanwhile, legal representatives for the Sainik Farm residents argued that the government has managed to regularize many other illegal settlements in Delhi, yet Sainik Farm remains excluded from such legislative measures.
