Supreme Court To Hear Plea Challenging Demolition Of Jhuggis In Delhi's Sarojini Nagar On April 25

The Supreme Court on Friday agreed to urgently list on 25th April the petition filed by jhuggi dwellers from Sarojini Nagar against the demolition/ eviction orders without rehabilitation or relocation of the Slum Dwellers.

The petitioners have sought an ad-interim ex-parte order staying the operation of High Court's impugned judgment and demolition/eviction orders by Union of India dated 04.04.2022.

A Bench comprising CJI NV Ramana, Justice Krishna Murari and Justice Hima Kohli agreed to list the matter on Monday after an urgent listing was sought by Senior Advocate Vikas Singh on behalf of the petitioners.

Mr Singh also urged the court to order a status quo with regard to the demolition/eviction. 

"This is regarding Jhuggis of Sarojini nagar, the protection is only till Monday, please list and grant status quo or same thing will happen there", Mr Singh said. 

However the Bench refused to allow the request and directed the matter to be listed before an appropriate bench.

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. 

The petitioners are residents of Sarojini Nagar including three minor school going children and a senior citizen, and have challenged the Court's order allowing demolition of jhuggis or eviction of the slum dwellers as per the order dated 04.04.2022 issued by the Respondent No. 1, without any alternate arrangements being made for them.

The petition filed through Advocate Aman Panwar and Advocate Nitin Saluja has stated that the petitioners along with about 1000 persons/ about 200 families have been residing in the said Jhuggis for more than four decades i.e. since the 1980s.

The petitioners have submitted that urgency in the present case arises out of the fact that the Respondent No. 1 had issued demolition/eviction notices and the houses of the Petitioners will be demolished anytime. In view of the same, the Petitioners are in urgent need of relief from the Court since irreparable injury and grave prejudice will be cause to their life and liberty.

The Petitioners have submitted that they do not seek to hinder any of the development work/ public project undertaken by the Government, and are only seeking rehabilitation/relocation as per the policies of the State.

The petitioners have pointed out that in view of the various pronouncements of the High Court of Delhi wherein forced eviction (without Rehabilitation/ Relocation) of Slum Dwellers has been strongly disregarded. And also keeping in mind the Delhi Slum Rehabilitation Policy, which provides that all Jhuggis that came into existence prior to 01.01.2006 are qualified to be rehabilitated,

The petitioners have argued that the Respondent Authorities cannot deny alternate accommodation/ rehabilitation for the indigent jhuggi residents considering the following:

• The various pronouncements of the High Court of Delhi wherein forced eviction (without Rehabilitation/ Relocation) of Slum Dwellers has been strongly disregarded.
• The Delhi Slum Rehabilitation Policy, which provides that all Jhuggis that came into existence prior to 01.01.2006 are qualified to be rehabilitated.

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

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