Supreme Court Refuses To Entertain Gyaspur Colony Residents' Plea Against Demolitions; Ask Them To Pursue Alternate Remedies

A Bench of KM Joseph and BV Nagarathna however kept other remedies open for the applicants and gave tliberty to pursue them.

The IA was filed in a petition filed by jhuggi dwellers from Sarojini Nagar against the demolition/ eviction orders without rehabilitation or relocation of the Slum Dwellers. In April 2022, the Court had asked the Central Government to desist from taking coercive steps to evict them.

As per the Delhi High Court’s order dated August 4, 2022, the applicant’s houses were demolished by Delhi Development Authority without providing any rehabilitation to the residents. Earlier last year, on April 19, the Delhi High Court had ordered that in order to avail the Rehabilitation under the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015, the respective Jhuggi Jhopri Basti would have to be notified by the nodal agency Delhi Urban Shelter Improvement Board.

At the start of the hearing itself, the Bench expressed its disinclination to hear the IA while noting that the main plea was pending before the High Court.

“First of all, it’s an interim order dated 04.08.2022. Its earlier order has been vacated. As a result of which, it has been demolished. Your claim is rehabilitation. You have a remedy. First thing is, your writ petition itself is not disposed of.”, the Bench said.

The Bench then asked the advocate to challenge the April 19 order while noting that both colonies concerned – Sarojini Nagar Colony and Gyaspur Colony, were different with regard to its history and other aspects.

“Your history is that you came in 2002 whereas they (residents in Sarojini Nagar) were there from1980”, the Bench pointed out.

“Come through that route, just because you are in Delhi, you can implead? What about people in other parts of India? Can they come like this? Convenience of people in Delhi cannot be the consideration. All others have to come through the route - lower court, High court and Supreme Court. You also come through the same route”, the Bench told the petitioner.

Case Title: Vaishali & Ors vs Union of India & Ors