The Delhi high court on Wednesday criticised the Centre for failing to take a final decision on regularising south Delhi’s Sainik Farm colony, noting that residents whose homes were built nearly five decades ago remain in limbo, unable to carry out even basic repairs.
A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela directed the Centre and other authorities in the capital to “sit together” and take a collective decision. “The basic question still remains as to what the central government is considering on the regularisation of these colonies. You have to make a final decision… Everyone is trying to pass the buck… The buck ultimately stops at the court,” the bench remarked.
The court was hearing a petition filed in 2015 by Ramesh Dugar, convener of the area development committee of the Sainik Farm and Defence Services Enclave Residents Welfare Association, seeking regularisation of the colony and permission for repairs. Dugar alleged that the Centre and Delhi government’s policies for regularising unauthorised colonies had been applied discriminatorily to exclude Sainik Farm.
The judges observed that residents have been “hanging fire without being able to lay a brick, even for repairs,” and suggested that the only solution was to create a legally permissible mechanism, either through legislation or another arrangement, to allow repairs and minor alterations. “Why can’t you bring simple legislation to mitigate their problems? Charging some kind of development charges? Not permitting them to particular kinds of constructions… They have already been there for decades now. They will not go now,” the court said.
The Centre faced the court’s ire after the petitioner’s lawyer argued that inaction was preventing residents from carrying out essential repairs, as the colony continues to be deemed illegal. Delhi government standing counsel Sameer Vashisht told the court the state had “no role” in regularisation under the Centre’s 2019 notification. That notification had regularised 1,797 unauthorised colonies, granting ownership rights, construction permissions, and loan eligibility, but excluded 69 “affluent colonies”, including Sainik Farm and colonies built on forest land.
To be sure, “affluent colonies” are unauthorized residential areas with over 50% plots larger than 350 sq m, marked by upscale houses and wealthy residents. The term comes from the 2006 K.K. Mathur Committee Report, which classified areas like Sainik Farms, Mahendru Enclave, and Anant Ram Dairy as such.
Sainik Vihar and similar affluent colonies have often been categorised as “unauthorised,” despite having residential characteristics and infrastructure such as electricity and paying house tax. The PM Uday scheme launched to grant property rights in unauthorized colonies in Delhi, explicitly excludes “affluent unauthorised colonies” like Sainik Vihar from eligibility.
The court stressed that the responsibility lies with the executive. “The courts are told to not enter into the arena of the executive… You’re asking us to give permission, not give permission… All this is your job,” the bench said, urging the Centre to “take up this issue a bit seriously.”
The matter has seen repeated judicial interventions: in April 2022, the court directed the Centre and Delhi government to resolve the issue; in May 2023, it asked the Centre to expedite the decision and develop a repair mechanism; and in February this year, it reprimanded the Centre for “delay” in framing a policy. The next hearing is scheduled for October 8.
