The Supreme Court recently upheld the Delhi High Court's judgment, refusing to interfere with its decision that dwellers of jhuggis (slums) located outside the list of recognized jhuggi clusters are not entitled to rehabilitation under the Delhi Urban Shelter Improvement Board Act 2010.
A bench comprising Justices Hrishikesh Roy and Pankaj Mithal dismissed a special leave petition filed by a group of slum dwellers who sought benefits under the Delhi Slum Rehabilitation Policy, 2015 after their jhuggis were demolished by the New Delhi Municipal Council (NDMC) authorities.
The Delhi High Court, in its verdict delivered on February 21, 2023, had ruled that the jhuggis were situated at a distance of 3 km from the identified cluster and, therefore, could not be considered a part of it to claim rehabilitation and relocation.
Before the Supreme Court, the petitioners argued, represented by Advocate Anupradha Singh, that the Delhi Urban Shelter Improvement Board (DUSIB) has the power to include any jhuggi scattered in "nearby areas" as part of a jhuggi jhopri basti (slum cluster). The petitioners contended that the expression "nearby areas" under Section 2(g) of the DUSIB Act, as interpreted by the High Court, should have extended to at least 5 km to provide wider coverage of the concerned area. They also pointed out that there was no clear-cut decision on what constitutes the "nearby areas" in the Board proceedings.
However, the Supreme Court carefully examined the basis on which the High Court interpreted the term "nearby areas" and declined to interfere with its decision. The Court stated, "We have also examined the basis on which the High Court has decided to take into account the 3 km distance to understand the coverage of 'nearby areas'. We find no infirmity therein warranting our interference under Article 136 of the Constitution," while dismissing the special leave petition.
The background of the case reveals that the petitioners, who resided in Janta Colony, Naveen Shahdra, North East Delhi, had been living there since 1997 and were engaged in occupations such as blacksmiths and rickshaw pullers. Their jhuggis were demolished by the NDMC along with Delhi police on 20th September 2022, without any prior notice or steps taken for rehabilitation.
The petitioners had initially filed a writ petition before a single judge bench of Delhi HC seeking a stay on eviction, claiming that they were eligible for rehabilitation as per the Delhi Slum & JJ Rehabilitation & Relocation Policy, 2015, based on documents proving their residence before 2006. They argued that their jhuggis were close to a recognized jhuggi cluster and could be included in it through a notification under the DUSIB Act.
However, the single judge dismissed their petition, stating that their jhuggis located 3 km away from the notified cluster could not be considered as located in "nearby areas." The court also noted that the petitioners failed to prove their existence before 2006, which was an essential criterion for availing benefits under the 2015 Rehabilitation policy.
The Division Bench of the Delhi High Court, in its subsequent judgment, concurred with the earlier decision and ruled that the present area in question was not included in the list of recognized JJ clusters identified by DUSIB. Therefore, the jhuggi dwellers were not entitled to rehabilitation measures under the DUSIB Policy.
With the Supreme Court's recent dismissal of the special leave petition, the jhuggi dwellers' hopes for rehabilitation under the 2015 policy have been dashed. The Court has upheld the High Court's ruling, emphasizing that the 3 km distance from the identified cluster remains a significant criterion for determining eligibility for rehabilitation, and such cases require proper evidence presented in a competent court.
Case Title: Manoj Kumar and others v Delhi Urban Shelter Improvement
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