By The Sampadak Express
The Delhi High Court on Wednesday expressed its dissatisfaction with the Union government’s failure to present a timeline for formulating a policy to regularize South Delhi’s Sainik Farm colony. The court suggested that it may pass an order requiring all relevant authorities in the Capital to address residents’ grievances through a collective decision.
A bench consisting of Chief Justice DK Upadhyay and Justice Tushar Rao Gedela voiced their displeasure after Rakesh Kumar, the Union Ministry of Housing and Urban Affairs’ counsel, failed to provide any policy updates. Kumar had previously mentioned that the Union government, through a 2019 notification, decided not to regularize 69 affluent colonies, including Sainik Farm and those located on forest land.
On February 6, the court had directed the Centre’s counsel to consult relevant authorities and report back on a timeline for formulating a policy to regularize the colony. It had also reprimanded the government for its ongoing delay.The bench sharply criticized the Union government’s inaction, stating, “What are you doing? You’re neither taking any action for demolition nor for regularizing them. You are doing nothing. You keep arguing. You need to do something.” They added, “We don’t need to act; the court will pass an order. This cannot go on indefinitely.”
The court further emphasized the need for action, suggesting that the Government of India, Delhi government, Delhi Development Authority (DDA), and residents must collaborate to find a solution. “There has to be a lot of thinking. The state government and DDA must sit together and make a decision,” the bench said.
Highlighting the hardships faced by residents due to the ongoing legal battles, the court noted, “Residents are living in fear due to these litigations. They don’t know which junior engineer will come tomorrow or the day after.”
The court has scheduled the next hearing for April 16, in relation to a petition filed by Ramesh Dugar, the convener of the Sainik Farm and Defence Services Enclave Residents Welfare Association. Dugar is seeking the regularization of the colony and permission for repairs to the existing structures. The court also called upon Additional Solicitor General Chetan Sharma and Delhi government counsel Sameer Vashisht to assist in resolving the issue.
In 2015, Dugar had filed a petition arguing that despite the Centre and Delhi government’s efforts to regularize unauthorized colonies, Sainik Farm was being treated unfairly. The court had previously instructed the Centre and the Delhi government to resolve the matter in April 2022, calling the current situation a “gross illegality.” However, in May 2022, the Delhi government submitted an affidavit stating that it had no role in the regularization process, as it was being handled entirely by the DDA under the Union government’s 2019 notification.
In May 2023, the court urged the Centre to expedite its decision on regularization and to establish a mechanism that would allow residents to carry out minor repairs and alterations to their properties. The court also questioned the practice of categorizing colonies as affluent or non-affluent for the purposes of regularization.
