The Indian Express (Delhi Edition)

Relief for Khyber Pass residents as HC gives them time to vacate

ON FRIDAY night, residents of Khyber Pass in Civil Lines went to bed thinking it would be the last night in their homes. A day earlier, government officials said all buildings in the area would be demolished in the next two days.

Over 250 homes in the inner part of the residentia­l cluster were demolished on July 16; officials said the remaining 112 residences would be razed Saturday. However, residents were relieved to hear that the Delhi High Court granted them time till September 30 to vacate.

Among those being evicted was national pistol shooting coach Samaresh Jung, who returned Thursday from the Paris Olympics where he guided shooters Manu Bhaker and Sarabjot Singh to victory. He said, “We were never opposed to vacating, we were only opposed to the hasty manner in which we were being asked to leave... it was getting really difficult to pack all our belongings in a day so we were thinking of leaving some behind... it’s good we can respectful­ly vacate now.”

Shamli Yadav ( 42), a resident, said, “We packed all our belongings but we didn’t have a place to go; it’s a relief we now have more time to look for a place.”

Earlier this year, 10 petitioner­s moved the HC challengin­g a March 1 notice issued by the Land and Developmen­t Office ( L& DO), Ministry of Housing and Urban Affairs, directing occupants of 32 acres of Khyber Pass to vacate “all unauthoris­ed occupation and remove illegal constructi­on from the land immediatel­y” by March 4. While an interim stay was granted by the court of Justice Subramoniu­m Prasad, in a verdict dated July 9, he refused to quash the L& DO notice.

The petitioner — Sanjay Kumar and others — then moved the HC division bench of Acting Chief Justice Manmohan and Justice Tushar Rao Gedela, appealing against the single judge’s verdict. This bench, in a verdict dated July 29, upheld the single judge’s decision; it said the L& DO’S action cannot be held to be illegal or unconstitu­tional.

Subsequent­ly, another group of 22 petitioner­s — Laxman and others — moved the HC on July 29, challengin­g the eviction notice. However, during court proceeding­s on July 31, in light of the division bench’s verdict in the earlier batch of petitions, the petitioner­s said they would like to “unconditio­nally withdraw” their plea, requesting they be afforded “reasonable time” of two months to vacate their premises. The 22 petitioner­s, espousing the cause of 112 residents of Khyber Pass hostel, were granted relief by the court of Justice Sanjeev Narula; it directed the 112 residents give an undertakin­g that they shall vacate their premises by September 30.

According to sources, the previous batch of petitioner­s moved the HC Friday, seeking similar relief. The court has kept their matter for considerat­ion on August 5.