Delhi Govt Has Made Efforts To Rehabilitate Jhuggi Dwellers On Paper, Ground Reality Far From Desirable: High Court

The Delhi High Court has said that though the Delhi Government has sought to make efforts to rehabilitate jhuggi dwellers “on paper” in terms of the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015, the ground reality is “far from desirable.”

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a plea moved by a trust namely Keshav Sanyasi Gawo Shewashram, established for maintaining a temple and cow shelter, against an eviction notice issued to its occupants for vacating the premises. It is being relocated for three months to a shelter home in Geeta Colony.

The trust challenged a single judge’s order which held that the premises in question does not come within the jhuggi cluster notified as per the 2015 rehabilitation policy and that the occupants were not entitled to protection from demolition.

The single judge also directed the authorities to allot an alternate accommodation for cow shelter which would be exempted from maximum stay period of three months as per the impugned eviction notice.

It was submitted on behalf of the appellant that the cow shelter and temple have been present at the premises for more than 15 years and that the eviction notice was illegal and arbitrary.

It was contended that the area where the cow shelter is situated is near a notified cluster area and thus, the appellant trust is also entitled to the protection of 2015 policy.

On the other hand, the Delhi government defended the impugned notice by submitting that the place where the premises exists does not come within any notified cluster as notified under the 2015 policy. Hence, it was argued that the demolition of the premises cannot be stayed.

Dismissing the appeal, the bench observed that the statement that the subject premises is near a notified cluster by itself is not sufficient to attract the DUSIB Policy of 2015 for the purpose of rehabilitation.

“For getting the benefit of the said Policy, the jhuggi should be in a jhuggi jhopri basti which has come up before 01.01.2006 and the jhuggi should be in existence prior to 01.01.2015 inside the jhuggi jhopri basti which has come up before 01.01.2006 and has been identified by the DUSIB as one of the clusters which is entitled to the benefit of rehabilitation under the DUSIB Policy,” the court said.

The court observed that the appellant trust did not place anything on record to contradict the position that the jhuggis at the premises did not exist prior to January 01, 2006. It further noted that in terms of the 2015 policy, alternate housing was already provided to the individuals affected.

“Although the Government of Delhi has sought to make efforts to rehabilitate jhuggi dwellers on paper, the ground reality is far from desirable. Due to this, this Court finds it necessary to reiterate that the right to housing being a part and parcel of right to livelihood, health, food, clean drinking water, sewerage and transport facilities, such facilities must be provided to individuals who will be relocated to Geeta Colony, Dwarka,” the court said.

Title: KESHAW SANYASI GAWO SHEWASHARAM v. GOVT OF NCT AND ANR

Citation: 2023 LiveLaw (Del) 250

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