Court Extends Deadline for Relocation
The Delhi High Court has granted residents of three slum clusters near the Prime Minister's official residence in the Lok Kalyan Marg area six weeks to vacate their dwellings and move to alternative accommodation at Savda Ghevra in outer Delhi. The decision, delivered by a Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia, modifies an earlier single judge order that had directed residents to vacate within 15 days.
According to the court's directive, residents must vacate their dwelling units within six weeks and settle into the accommodation allotted to them in the DUSIB Colony at Savda Ghevra. After this period, authorities are entitled to clear the land and may seek police assistance if necessary.
The order came on appeals filed by residents of Bhai Ram Camp, DID Camp, and Masjid Camp, located near the Race Course area. The settlements are home to hundreds of families who opposed relocation.
Rehabilitation and Monitoring Committee
To oversee the relocation process, the court constituted a committee headed by former Delhi High Court judge Justice Manmohan Sharma. The committee will monitor rehabilitation and ensure the facilities promised by the government are provided. It includes representatives from various departments of the Delhi government and the Central government.
The Times of India reported that the monitoring committee, chaired by a retired judicial officer, comprises high-ranking officials from the Union Ministry of Housing and Urban Affairs, DUSIB, DDA, DJB, the Directorate of Education, and the Health Department. The court asked the Land and Development Office (L&DO) to immediately issue a notification constituting the committee.
The committee's term is six months, extendable by two more months if needed.
Arguments by Residents
Residents had argued that shifting to the outskirts of Delhi would disrupt their livelihoods, children's education, and access to healthcare. Many residents work as drivers, domestic workers, and labourers in central Delhi and would face difficulties commuting to their places of employment after relocation, they submitted.
The court, however, found no merit in the argument that residents should be accommodated within a 5 km radius of their slum. The court reasoned that the rehabilitation policy allows shifting beyond 5 km in exceptional circumstances with prior approval of DUSIB, and noted that no suitable flats, location, or space was available within that radius. The court concluded that the eviction action was precipitated in consultation with and approval of DUSIB, which is the nodal agency.
Government's Position and Security Concerns
The Centre defended the proposed eviction, citing national security considerations. The settlements are situated close to sensitive military installations and an operational Air Force station. The decision to remove the unauthorised construction was taken to strengthen and secure defence infrastructure and for other important public and security purposes, according to the government.
The government informed the court that infrastructure such as sewer lines, water supply, roads, and parks is available at the relocation site, while additional facilities are being developed. To ease the financial burden on residents, the government agreed to bear the Rs 1.12 lakh beneficiary contribution ordinarily payable under rehabilitation rules. Families were given three months to pay maintenance charges.
Constitutional and Policy Considerations
The court noted that the right to shelter and livelihood is protected under Article 21 of the Constitution and is closely linked to the right to life. The bench underlined that rehabilitation must be "meaningful" and done "necessarily in a manner which will make these dwellers realise their right to live with dignity." The court held that rehabilitation would not by itself violate constitutional rights where authorities follow the applicable rehabilitation policy and ensure adequate facilities at the relocation site. In the present case, the court found no violation of the rehabilitation policy.
Amenities and Support
The court clarified that all agencies will strictly honour their undertakings and the court's June 4 directions to ensure amenities including schools, electricity, LPG connections, bus passes, and dispensaries at Savda Ghevra. The court also directed DUSIB to facilitate transportation of household articles and belongings of the appellants to their new accommodation.
The relocation site, Savda Ghevra, is over 40 km from the slum clusters, a distance that was a point of contention for residents who feared disruption to their daily lives.