PIL rejected against jhuggi demolition in Delhi
The Supreme Court today dismissed a PIL by an NGO seeking a direction to local authorities to immediately stop demolition of all slum clusters in Delhi.india Updated: May 12, 2006 19:34 IST
The Supreme Court on Friday dismissed a PIL by an NGO seeking a direction to local authorities to immediately stop demolition of all slum clusters in the capital till they were adequately rehabilitated.
A four-Judge Bench, headed by Chief Justice YK Sabharwal, dismissed the petition of Sajha Manch observing people can't come and start living on streets.
The NGO had sought rehabilitation of all slum dwellers, whose 'jhuggis' have been sought to be removed, in fully developed sites well in advance of the actual demolition of their 'jhuggis'.
The petitioner's counsel Prashant Bhushan pointed out that slum dwellers were being thrown out even without any notice and there was no proper rehabilitation of the evicted people.
The manner in which slums were being demolished in the capital without adequately resettling poor slum dwellers is clearly "arbitrary and in violation of Article 14 of the Constitution (Right to equality)," he contended.
In some of the cases, the 'jhuggis' were demolished on orders of the Delhi High Court without hearing the slum dwellers, which was in violation of principles of natural justice, the petitioner submitted.
The slum dwellers in most of the cases were being deported on the day of demolition itself to resettlement colonies, which were devoid of all basic facilities, the NGO said and termed it as violation of their fundamental rights guaranteed under Article 21 of the Constitution (Right to life) and human rights under various international covenants.
Earlier, another Bench of the court had said desperation does not give anybody right to occupy public land in violation of the law.