Understanding Delhi Urban Shelter Improvement Board Act, 2010 (Delhi Act 07 Of 2010)

The demolition / Re-contruction of Jhuggi Jhopri Basti

The Board has the authority to develop a plan for relocating residents in informal settlements without their consent and is responsible for facilitating their removal and resettlement. Section 10 of the act deals with the removal and resettlement of the people in jhuggi jhopri, which states as:

• "The Board has the power to prepare a scheme for the removal of any jhuggi jhopri basti and for resettlement of the residents thereof without requiring their consent." [section 10(1)]
• The Board, after consulting the Government, may remove and resettle eligible residents of jhuggi jhopri bastis in accordance with a prepared scheme. The local authority, police, and other agencies must cooperate and assist the Board [section 10(3)].
• If the basti is on Central Government land, removal and resettlement require the Central Government's consent and must comply with relevant laws and plans [section 10(3)].

Grounds to issue Notice of Eviction

The 2010 Act empowered the board with the authority to issue eviction notices and remove the Jhuggi and Jhopri. The specific grounds for issuing such notices are outlined below:

• If the Board believes that any individuals are occupying public premises and should be removed, the Board will issue a written notice calling on all involved parties to explain why an eviction order should not be issued [sec. 41(1)]
• The Board may, subject to the provisions of this Act, make temporary use of any vacant site which, in its opinion, is urgently required for provision of public conveniences or drainage, the absence of which, in the opinion of the Board, is likely to cause a danger to public health and sanitation in the locality [Sec.14]
• the Board is satisfied that the public premises are in unauthorized occupation, the Board may make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated, on such date as may be specified in the order [Sec.42]

Dispute mechanism under the Delhi Act (07 of 2010)

When the board issues a notice for the removal of a jhuggi Jhopri, there is a high chance of a dispute. The DUSIB Act provides a mechanism for resolving such disputes. According to the Delhi Act 07 of 2010, an individual can seek justice from the appropriate authority. The complete mechanism provided by the act is as follows:

1. Initial Dispute: If a person is aggrieved by any notice, order, or direction issued by the Board, they can file an appeal to the Lieutenant Governor of Delhi within thirty days from the date of receipt of the notice, order, or decision. [S.45(1)]
2. Appeal to Lieutenant Governor: The appeal should be made in the prescribed form and accompanied by a copy of the notice, order, or direction appealed against, along with any fees as may be required by rules. The Lieutenant Governor will review the appeal and provide a final decision. [S.45(2)]
3. Final Decision: The order of the Lieutenant Governor on the appeal is considered final. [S.45(3)]
4. Further Recourse: If a person is not satisfied with the decision of the Lieutenant Governor, there is no specific provision mentioned in the provided excerpts for filing a further appeal. In such cases, seeking legal advice or exploring other legal avenues available under the relevant laws and regulations in Delhi may be necessary.
5. Legal Proceedings: No prosecution for any offense punishable under this Act can be instituted without the previous sanction of the Board. Additionally, no court inferior to that of a Metropolitan Magistrate can try any offense punishable under this Act. [S.48(2)]
6. Protection of Action: Legal protection is provided for actions taken in good faith under the provisions of this Act or the rules and regulations made thereunder. No suit or legal proceeding can be instituted against the Board or any person acting under the direction of the Board for actions done in good faith, [S.49]
7. Revision- The Lieutenant Governor can review decisions made by the Board to ensure their legality and propriety. If necessary, the Lieutenant Governor can modify, annul, or revise those decisions after giving affected parties a chance to be heard [sec. 44]

Different Aspects of the Board

• The board has the power to cause any jhuggi jhopri to be Removed.
• The board can Resettle such Resident.
• The Board can create a plan to improvement slum areas by providing facilities like toilets, drainage, water supply, street paving, dustbins, garbage collection sites, and street lighting.
• The Board can collaborate with landowners to create plans for rehabilitating, relocating, or upgrading slum areas. They can involve private sector or slum cooperatives to improve living conditions and the environment.
• The board may prepare a scheme for Economic weaker section for housing.
• Further, As the disputes are concerned, the Act does not mention explicitly about the disputes but disputes can potentially arise in various situations related to the improvement of jhuggi bastis, eviction of unauthorized occupants, recovery of dues, revision of decisions, and appeals, among other provisions outlined in the Act.

What was the need of the Act?

The Slum & JJ Department was originally a division of the Municipal Corporation of Delhi (MCD) established in 1962. Its main tasks involved the enforcement of the Slum Areas (Improvement & Clearance) Act of 1956.

Over the years, there have been transfers of responsibilities between the MCD and the DDA (Delhi Development Authority). In 1992, the Slum & JJ Department permanently returned to the MCD.

Presently, the Delhi Urban Shelter Improvement Board (DUSIB) is tasked with the responsibility of improving the living conditions of Slum & JJ Dwellers in Delhi. With an estimated population of 1.40 crores, approximately 30 lakh people reside in around 6 lakh jhuggies. The DUSIB operates under the Delhi Government, with the Hon'ble Chief Minister serving as its Chairperson.

Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015

The government of NCT Delhi recognizes that the living conditions in slum areas, known as JJ Bastis, are not suitable and unhygienic. This scheme aims to provide permanent and humane housing for the poor, while also freeing up land for public projects and roads.

In line with these principles, GNCTD announces the following policy for the rehabilitation and relocation of JJ basti residents:

• The Delhi Urban Shelter Improvement Board (DUSIB) will be the key agency responsible for implementing this policy under the provisions of the Delhi Urban Shelter Improvement Board Act, 2010.
• DUSIB will provide alternative accommodation to those living in JJ Bastis, either on the same land or within a 5 km radius.
• GNCTD will ensure that no new jhuggi is constructed after 01-01-2015. Any constructed after this date will be promptly removed without providing alternative housing.

Penalties

The Delhi Act (07 of 2010) also impose penalties for non-compliance of the act, the punishment can be in the form of fine or imprisonment or both, the maximum imprisonment which can be imposed is 6 months as outlined in section 47. Section 47 solely deals with the punishment and states as:

• If someone stops an authorized person from entering a property for the purpose of inquiry , inspection or measurement, they could face up to three months in jail, a fine of up to one thousand rupees, or both [Sec. 47(1)]
• Anyone who violates this Act, disobeys notices, orders, or directions issued under it, can be punished with up to six months of simple imprisonment or a fine of up to five thousand rupees, or both [Sec.47(2)]
• No Court inferior to that of a Metropolitan Magistrate shall try any offence punishable under this Act [Sec.48(2)]

Related case laws of dispute mechanism

The issue at hand is whether the Lieutenant Governor serves as the final authority for appeals in accordance with the act. A person who is affected by an eviction notice has the right to seek redress from the relevant authority. If unsatisfied with their decision, they can further appeal to the Lieutenant Governor as per section 45 of the act. However, the crucial matter here is whether an individual dissatisfied with the Lieutenant Governor's decision can seek recourse in the high court under Article 226.

Chetan vs DUSIB^[1]

The petitioner seeks to challenge the order of the L. Governor which was passed under section 45 in the high court of Delhi. The individual not satisfied with the decision of the governor approach the high court under 226 of the Indian constitution.

The high court dismissed the petition stating that the court does not find any reason to interfere with impugned order under Art. 226 of the constitution.

Dinesh Chand Jain vs Govt. Of NCT Delhi^[2]

The eviction order issued on January 19, 2018 was contested before the Director (JJR). Additionally, the same order was challenged in a revision petition under section 44 before the Lt. Governor.

Despite these efforts, the individual was not content with the decision and subsequently filed a writ under Article 226 in the respected high court. However, the high court dismissed the petition as they did not find sufficient reason to interfere with the order.

Shakarpur slum Union vs DDA^[3]

The case involved the demolition of 300 jhuggis by the Delhi Development Authority ('DDA'). No notice was given prior to the demolition, and residents were unable to gather their belongings as their jhuggis were bulldozed.

A writ petition was filed by Shakarpur slum union under 226 of the constitution contending that the demotion is a violation of the previous orders of the high court, DUSIB and the rehabilitation policy of 2015.

On 2^nd of August, the Delhi High Court stayed a demolition exercise and granted temporary relief.

The court further ordered DDA to carry out further demolition only in consultation with the DUSIB. The DDA is further directed to give sufficient time to the dwellers to make alternate arrangements or, alternatively, steps should be taken to accommodate the dwellers in the shelters provided by the DUSIB for three months so that the persons, whose jhuggis are being demolished, are able to find some alternate accommodation.

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