'Deal With Them Humanely, You Can't Simply Throw Them Away' : Supreme Court Asks Centre To Stop Eviction Of Sarojini Nagar Jhuggi Dwellers

In an interim relief to jhuggi dwellers from Sarojini Nagar in Delhi, the Supreme Court on Monday asked the Central Government to desist from taking coercive steps to evict them.

"Deal with them humanly when you deal with them. As a model government, you can't say you won't have a policy (to rehabilitate) and simply throw them away. You're dealing with families..", a bench led Justice KM Joseph told Additional Solicitor General KM Nataraj.

The ASG undertook to take no coercive steps against the slum dwellers in the interim. The bench, also comprising Justice Hrishikesh Roy, issued notice on the petition. and listed it on next Monday for the Centre's reply.

The bench was considering a petition filed by petition filed by jhuggi dwellers from Sarojini Nagar against the demolition/ eviction orders without rehabilitation or relocation of the Slum Dwellers.

The present special petition has been filed challenging order passed by the Division Bench of Delhi High Court refusing to interfere with Single Judge's order declining to provide Rehabilitation/ Relocation of the Slum Dwellers residing in Jhuggis of Sarojini Nagar, New Delhi.

Senior Advocate Vikas Singh, appearing for the petitioners, submitted that the petitioners had documents like voter ID cards.

"We can't just banish them, where do you expect thousands of people to go? Some scheme has to be there", Singh submitted. He pointed out that Board exams are starting from tomorrow and some of the petitioners are attending the same.

"They have documents like those from election commission to show that the jhuggis have been there for some time", the bench pointed out to the ASG.

"Having some documents where for election they've been enrolled doesn't confer them right", the ASG replied.

The bench said that it needs to examine the matter on the basis of the documents produced by the petitioners and also in the light of the judgment of the Delhi High Court in the Ajay Maken case which discussed the right of rehabilitation.

"Don't precipitate till then. We can have it day after but don't precipitate issues", Justice Joseph said.

"Look at your notice, what we've found in impugned notice is that you've said hand over the government  land. People from all over india, go occupy lands, something they don't have a choice with. They can't afford the rates", Justice Joseph said.

The ASG requested that the interim relief should be confined to the petitioners alone and not to the entire slum dwellers. But the bench did not agree.

"We're looking at documents which say they have been there for 1996. Should it be that only these people be protected and not the others?When court is examining matter, we can't let the issue be precipitated. if you have difficulty in saying it we will say it. They are asking for a survey, you can't overlook that", Justice Roy said. 

The order passed by the bench stated as follows :

"ASG has been served with copy today seeks time to address court, list on Monday. We record ASG's submissions that no coercive action will be taken till the next date of hearing"