Debangana Ray
Published on July 4, 2022 at 18:56 IST
Delhi HC has ordered the Delhi Development Authority (DDA) to put on hold the demolition drive at Gyaspur basti in Sarai Kale Khan, which has 100 slums with over 460 residents, till further notice.
The Vacation Bench of Justice Neena Bansal Krishna noted that the documents submitted by the slum dwellers showed that they were occupying the premises since 1995.
“Considering the long possession of the parties and their assertions that it is a jhuggi cluster having more than 100 jhuggis, the respondent (DDA) is directed to maintain status quo till July 11, 2022,” Justice Krishna ordered.
Illegal Demolition
The slum dwllers contended that according to the Delhi Slum and JJ Rehabilitation and Relocation Policy 2015, the Delhi Urban Shelter Improvement Board (DUSIB) is required to conduct a survey and plan a rehabilitation programme before carrying out the demolition.
The slum dwellers stated that “none of the procedures have been followed” and that the demolition was illegal and arbitrary.
Poor socioeconomic status
The dwellers submitted that ,most of the residents of the slum were from backward classes and have a resident proof since 1995.
The plea added that the inhabitants are daily wagers living below the poverty line and are primarily engaged in unskilled or semi-skilled informal labour.
Even as they are vulnerable to the COVID-19 pandemic, they are now worried about the possibility of illegal eviction and demolition of their houses.
The DDA refuted by stating “They do not qualify as a Basti or cluster and therefore, the Delhi Slum and JJ Rehabilitation and Relocation Policy 2015 is not applicable,”
The DDA submitted that the demolition drive is being carried out pursuant to the directions of the Supreme Court and National Green Tribunal.
Check eligibility for rehabilitation
Justice Krishna relied on various Judgements of the court to note that the agencies must first determine if the dwellers are eligible for rehabilitation in terms of the extant law and policy before forced eviction.
“Forced eviction of jhuggi dwellers, unannounced, in co-ordination with the other agencies and without compliance of the requisite procedures, would be contrary to law,” Justice Krishna remarked.