Clear stand on Sainik Farm, says Delhi HC

NEW DELHI: Delhi high court has expressed dismay at the delay by authorities in taking a decision on the status of Sainik Farm, saying it has left owners and residents of the area in a “Trishanku” state.

The HC pointed out that the matter of regularisation of Sainik Farm has been pending for nearly seven years and directed both the Centre and the Delhi government to take a decision

“Despite this court calling upon the respondents to take a decision, one way or the other, on whether the respondents are agreeable to regularising Sainik Farm, no decision has been taken. A large number of houses/bungalows exist and
thousands of people are residing there. However, their constructions are unauthorised and the owners/occupiers of these properties are like Trishanku – in a limbo (sic),” a bench of acting Chief Justice Vipin Sanghi and Justice Navin Chawla recently observed, while taking stock of a plea in this regard.

HC said it is “high time that the issue is resolved once and for all”,while adding that government “cannot duck the issue, keeping the pot boiling indefinitely”. Posting the petition filed by a section of residents of Sainik Farm for May 17, the
bench made it clear it expects the Centre and Delhi government to “state the decision taken by them in this regard by filing their respective affidavits before the next date of hearing”.
The bench pointed out that it was open to the government to take a call, as to what it wished to do.

“If the decision of the government is not to regularise Sainik Farm, then it must, as a logical corollary, undertake demolition of the entire colony. The government cannot let such large-scale illegal constructions to continue to exist. The current
state of affairs is leading to perpetuation of gross illegality, which, it goes without saying, is bound to breed corruption on the one hand, and lead to harassment and a sense of uncertainty in the minds of the owners/occupiers of Sainik Farm, on the other,” it said.

But if the policy decision is to regularise Sainik Farm, “like it is done in the case of every other colony, the government can require, as a condition, that the owners of the properties should cede a part of their land falling on the right of
ways/roads/lanes to the extent of a few feet on each side, so as to enable the broadening of roads and laying of sewer lines and cables etc, and the government could recover the development charges from the owners/ residents.”