The Delhi High Court on Tuesday gave residents of three jhuggi clusters near the Prime Minister’s official residence in the Lok Kalyan Marg area six weeks to vacate their settlements and move to alternative accommodation allotted to them at Savda Ghevra in outer Delhi.
A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia modified an earlier order by a single judge, who had directed the residents to vacate the area within 15 days.
The Bench said that once the six-week period ends, the authorities would be free to clear the land and, if required, seek police assistance to carry out the eviction.
During the six weeks, the residents are to be provided the accommodation allotted to them at the DUSIB colony.
The Court also made it clear that the government would remain bound by its earlier undertakings and court orders regarding the availability of basic amenities at the rehabilitation site.
To monitor the relocation, the Bench constituted a committee headed by former Delhi High Court judge Justice Manmohan Sharma.
The committee will oversee the rehabilitation process and ensure that the facilities promised by the government are made available to the residents.
Representatives from various Delhi government and Central government departments will also be part of the committee. The Court directed the government to notify its constitution immediately.
The order came on appeals filed by residents of Bhai Ram Camp, DID Camp and Masjid Camp, which are located near the Race Course area. Hundreds of families live in these settlements and had opposed their relocation to Savda Ghevra.
The residents had argued that moving to the outskirts of Delhi would affect their livelihoods, children’s education and access to healthcare.
They said many residents work as drivers, domestic workers and labourers in central Delhi and would face difficulties commuting to their workplaces after relocation.
The Centre, however, defended the proposed eviction on national security grounds. It told the Court that the settlements are located close to sensitive military installations and an operational Air Force station.
The government also informed the Court that the relocation site has infrastructure including sewer lines, water supply, roads and parks, while additional facilities are under development.
It further said that it had agreed to bear the Rs 1.12 lakh beneficiary contribution that residents would ordinarily have to pay under the rehabilitation rules. The families would also be given three months to pay maintenance charges.
The Court observed that the right to shelter and livelihood is protected under Article 21 of the Constitution and is closely connected with the right to life.
At the same time, it held that rehabilitation would not, by itself, amount to a violation of constitutional rights if authorities follow the applicable rehabilitation policy and provide adequate facilities at the new site.
While finding no violation of the rehabilitation policy in the present case, the Division Bench extended the residents’ time to vacate from 15 days to six weeks and put in place a monitoring mechanism to oversee their rehabilitation.
Bureau Report
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