LI Network
Published on: 24 July 2023 at 12:00 IST
The Supreme Court upheld a Delhi High Court judgment, ruling that residents of jhuggis (slums) situated outside officially recognized clusters are not eligible for rehabilitation benefits under the Delhi Urban Shelter Improvement Board Act 2010.
The decision came after a special leave petition was filed by a group of slum dwellers seeking redress and rehabilitation following the demolition of their jhuggis by the New Delhi Municipal Council (NDMC) authorities.
The bench presiding over the case was composed of Justices Hrishikesh Roy and Pankaj Mithal. Their decision to dismiss the special leave petition means that the Delhi High Court’s ruling stands, and slum dwellers residing in non-designated clusters will not be entitled to benefits under the Delhi Slum Rehabilitation Policy,2015.
The Delhi Urban Shelter Improvement Board Act 2010 was enacted with the aim of improving the living conditions of slum dwellers and providing them with better housing facilities. However, the act explicitly limits the scope of rehabilitation to those residing in officially recognized jhuggi clusters, leaving out those who have settled in areas not designated for slum habitation.
The group of slum dwellers who filed the petition had sought relief under the Delhi Slum Rehabilitation Policy,2015 after their jhuggis were demolished by the NDMC authorities.
Their argument was based on the premise that since the policy aimed to provide rehabilitation to slum dwellers, they should be entitled to the benefits despite residing outside the designated clusters.
In its defense, the NDMC authorities contended that the demolition was carried out as part of a drive to clear encroachments and maintain public order. The authorities maintained that since the slum dwellings were located outside recognized clusters, they were not eligible for rehabilitation as per the existing legal provisions.
After careful consideration, the Supreme Court bench ruled in favor of the Delhi High Court’s decision, emphasizing the importance of adhering to the existing legislative framework.
The court’s refusal to interfere with the judgment reaffirms the necessity of complying with the provisions outlined in the Delhi Urban Shelter Improvement Board Act 2010.
While the verdict may be seen as a setback for the affected slum dwellers, it also underscores the need for a comprehensive approach to address issues of housing and urban development.
