Delhi High Court has observed the action of the Development Authority (DDA) in removing alleged encroachers overnight’, saying that persons cannot be evicted with a bulldozer at their doorstep “early in the morning or late in the evening” without any notice, rendering them completely shelterless.
Justice Subramonium Prasad further added that a reasonable period has to be given to such persons and a temporary location has to be provided to them be to them before boarding on any destruction activities.
The DDA has to act in consultation with the DUSIB before entering upon any such venture and persons cannot be evicted with a bulldozer at their door early in the morning or late in the evening, without any notice, execution them completely shelter-less. A reasonable period has to be given to such persons and a temporary location has to be provided to them before boarding any demolition activities
Shakarpur Slum Union has filed a plea and the Court made the observations stating that it comprised of residents of Jhuggi Jhopri Bastis and slums of the city’s Shakarpur district.
On June 25, 2021, the petitioner union claimed that the DDA officials, without any notice to them, arrived at the area and demolished about 300 jhuggis . It was claimed that the said demolition lasted for three days and many of the people, whose jhuggis were demolished, could not even . It was claimed that the said demolition lasted for three days and many of the people, whose jhuggis were demolished, could not even collect their belongings. It was stated that Police officials, along with the officials of DDA, removed the residents from the site.
The plea was thus filed seeking directions on DDA to suspend further demolition (if any) and maintain the status quo at the demolished site until all residents are surveyed and rehabilitated as per the DUSIB Policy.
A direction was also sought from DUSIB to conduct a survey of the affected residents and rehabilitate them in accordance with the Delhi jhuggis jhoppdi slum Rehabilitation and Relocation Policy, 2015.
The Court directed DDA to carry out further demolition only in consultation with the DUSIB.
The Court also directed DDA to give sufficient time to the residents to make alternate arrangements or, alternatively, steps should be taken to accommodate the residents provided by the DUSIB for three months so that the persons, whose jhuggis are being demolished, are able to find some alternate accommodation.
"Court cannot be ignorant of the observations made in paragraph No.60 of Sudama Singh (supra) that it is not uncommon to find a Jhuggi resident, with the bulldozer at the doorstep, desperately trying to save whatever precious little belongings and documents they have, which could perhaps testify to the fact that the Jhuggi resident resided at that place.
The DDA had filed an application for vacation of stay granted by the High Court stating that demolition was carried out in the area which was located at a distance of approximately 200 meters onwards from the Yamuna River.
Further stated in the application that the DDA intended to conduct a demolition drive in the Yamuna floodplains with the object of maintaining the ecology of the same and that the drive was in consonance with the DDA’s ‘restoration’ project.
"Encroachment on government land cannot be said to be a fundamental right of any person and a person encroaching upon government land cannot claim that he is entitled to rehabilitation as a matter of right even in the absence of any policy bestowing the benefit of rehabilitation and relocation on the said person."
The Court was informed by the counsel appearing for DUSIB that when it conducts any demolition drive, it ensures that no demolition takes place when the academic year is about to end or during monsoons. It was also stated that normally demolition takes place between March to June and August to October.
This Court expects from the DDA to follow similar norms for demolition as well,” the Court said.
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