CTA President flags legal uncertainty of MT Tibetan settlement amid Delhi Hight court order

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Tenzin Nyidon 

DHARAMSHALA, March 30: The Central Tibetan Administration’s President Penpa Tsering, who also serves as the Home Minister, during the budget session of the Tibetan Parliament-in-Exile on Saturday, delivered a detailed address highlighting the growing legal, infrastructural, and safety challenges facing the Tibetan settlement of Samyeling in Delhi’s Majnu Ka Tilla (MKT).

His remarks came in the backdrop of a recent directive issued by the Delhi High Court on December 24, 2025, instructing the Delhi Development Authority (DDA) and the Municipal Corporation of Delhi (MCD) to take appropriate action against cafes, restaurants, hotels, and other commercial establishments operating in MKT without valid licenses, sanctioned building plans, and mandatory fire safety clearances.

Addressing the house, the incumbent CTA President stated that the Samyeling area currently lacks official government approval and remains outside formal regularization. While there are ongoing efforts to bring the area under a legal framework, the process requires residents to individually submit applications and supporting documentation.

He emphasized that while many residents have already filed applications, those who have not must do so without delay. The outcome of these applications remains uncertain, but he assured that the Department of Home is making sustained efforts to address the issue.

A major concern raised was the absence of proper registration and licensing among commercial establishments in the area. Since the land itself has not been regularized, Indian authorities are unable to legally grant trade licenses, creating a complex situation where businesses operate in a legal grey zone.

He also highlighted widespread violations of building regulations, particularly concerning height restrictions. He noted that Delhi’s permissible building height is approximately 15 meters, and many structures in Samyeling exceed this limit.

He warned that such violations could invite strict enforcement action by Indian authorities, including demolition. “If the Government of India takes stringent measures, we will have no means to stop it,” he cautioned, adding that it would be preferable for residents to voluntarily correct violations rather than face potentially indiscriminate demolition drives.

Fire safety emerged as a critical issue in his address. He stressed that the concerns raised by authorities are not meant to harass residents but to safeguard lives. He described the settlement as congested, with narrow pathways that hinder movement. In the event of a fire, emergency vehicles such as fire trucks would be unable to access affected areas either from the front or the rear, significantly increasing the risk of casualties.

To address this, he proposed the construction of a large water reservoir dedicated to firefighting, along with an extensive network of pipelines throughout the settlement. He emphasized the need for technical consultation with fire safety experts to determine specifications such as size, structure, and water pressure requirements, especially for multi-storey buildings.

Another pressing concern is the recurring impact of heavy monsoon rains. Water runoff from higher ground frequently floods lower levels of buildings, damaging their foundations and compromising structural stability. The CTA President said that the issue has already been raised in court and warned that long-term exposure to such conditions could result in serious structural failures. He suggested that regular inspections by qualified engineers should be conducted, and unsafe buildings may need to be demolished and reconstructed with proper authorization.

The Public Interest Litigation (PIL) filed in the Delhi High Court, while focused on Majnu Ka Tilla, carries implications for the entire city. He noted that although enforcement has so far been relatively lenient and there has not been strict enforcement across Delhi as a whole. He cautioned that delaying corrective measures would only worsen the situation and urged proactive engagement with Indian authorities.

Concluding his address, he emphasised the urgent need for a collective decision among residents. He stated that the community must decide whether to proceed under the 2014 policy framework or explore alternative arrangements. “This decision cannot be imposed from above; it must come from the people themselves,” he said, urging residents to hold discussions and arrive at a unified position. He stressed that only through unity and coordinated action can meaningful progress be achieved. The Department of Home, he assured, is giving the matter serious attention and stands ready to support the community once a clear direction is established.

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