New Delhi: Delhi High Court has dismissed a plea challenging a notice for removal of jhuggis allegedly constructed on govt land along GT Karnal Road, observing that footpaths are meant for pedestrians and cannot be encroached upon.Justice Jasmeet Singh was hearing a petition filed by Lohar Basti Lal Bagh Azadpur Vikas Samiti against a notice issued on Aug 7 for removal of the alleged encroachment.Rejecting the challenge, the court said photographs placed on record showed that jhuggis had been built on the footpath.“Footpaths are made for walking and strictly for pedestrians to avoid traffic on the roads. Footpaths cannot be encroached upon,” the court observed.The petitioner had sought directions to authorities to conduct a survey of residents and determine their eligibility for rehabilitation or resettlement before taking any removal action. It also sought protection against demolition and dispossession, relying on previous judgments relating to rehabilitation of jhuggi dwellers.However, the court noted that the photographs and the notice indicated that several jhuggis had been constructed on govt land forming part of the right of way, footpath and stormwater drain maintained by PWD on GT Karnal Road.Authorities informed the court that an inspection had found illegal occupation of govt land and that some occupants were also carrying out commercial activities, including the sale of iron utensils.Holding that such encroachments could not be permitted, the court declined to grant the reliefs sought. It, however, directed PWD to consider and decide a representation submitted by the petitioner.
