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Delhi HC Ordered Status Quo Over Demolition of Jhuggis in Gyaspur Area

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Paridhi Arya

Published on June 29, 2022 at 15:42 IST

The Vacation Bench of Justice Neena Bansal Krishna has passed the order of status quo over the petition filed against the demolition of jhuggis in Gyaspur area in Hazrat Nizamuddin that is going to take place by the Delhi Development Authority (DDA).

Justice Neena passed the oral remark, “Ten days later in demolition won’t make a difference. But if it’s demolished today and later we come to know they were entitled, who’s going to…..I will consider it on 11th (July) but they are entitled to some protection in the meanwhile. Status quo be maintained. If they have been there since 1995, heaven won’t come down it for 10 days they are protected.”

The Petitioners who were resident of area claimed that they were living there since two decades and there are 32 jhuggis under T-Huts settlement area which was proposed to vacate.

The DDA had parked the bulldozer near camp and orally told them to vacant the place and no notice is served and survey also not done.

Under Delhi Urban Shelter Improvement Board and JJ Rehabilitation and Relocation Policy 2015, the residents if living before January 1, 2015 are eligible to rehabilitate but DDA had not provided alternate rehabilitation which is a serious concern and also the provision of survey was given in the Act of 2015.

The Petitioner seeks from the Court to pass status quo and restriction from physically disposing the residents till survey is conducted.

Court referred the Judgment of Ajay Maken v. Union of India and High Court’s decision in Sudama Singh & Ors. v. Government of Delhi & Anr. and observed that removal of Jhuggis without alternative rehabilitation and survey will be violation of Article 21 of the Constitution