'Vacate in six weeks': HC to 350+ slum dwellers near PM House

The residents contended that their families had lived in the camps for generations and depended on nearby areas for livelihood.

A division bench of the Delhi High Court on Tuesday directed more than 350 people, residing in three slum clusters near the Prime Minister’s residence in the Race Course area, to vacate their dwellings within six weeks and relocate to Savda Ghevra, where alternative accommodation has been arranged by the authorities.

A view of the area as the demolition of the BR Camp slum cluster behind the Race Club is underway, in New Delhi on Sunday. (ANI)

The bench also constituted a seven-member committee to monitor and supervise the rehabilitation of residents for six months, and asked the Centre—represented through standing counsel Ashish Dixit—to immediately notify it.

A bench of chief justice DK Upadhyaya and justice Tejas Karia said, “The appellants shall vacate their dwelling units in the three Jhuggi Jhopri bastis at B.R. Camp, Masjid Camp and DID Colony within six weeks from today and within this period they shall be settled in the accommodation allotted to them in DUSIB Colony at Savda Ghevra, Delhi, whereafter they shall be evicted to clear the land, if necessary, with the assistance of the police.”

“DUSIB, in terms of Clause 7(vi) of the Draft Protocol contained in the Circular dated 14.06.2016, shall facilitate transportation of household articles/belongings of appellants to the place of their accommodation,” it said.

Right to life with “human dignity”

In its 49-page verdict, authored by chief justice DK Upadhyaya, the court said that rehabilitation must be meaningful and effective, ensuring the right to life with human dignity, which is an integral facet of the Right to Life guaranteed under Article 21 of the Constitution.

The committee would comprise retired Delhi higher judicial service officer Manmohan Sharma as its chairperson, along with senior representatives to be nominated by the chief executive officer of the Delhi Urban Shelter Improvement Board (DUSIB), the vice-chair of the Delhi Development Authority (DDA), and the CEO of the Delhi Jal Board.

It would also include an officer of the rank of joint secretary from the Union ministry of housing and urban affairs, a deputy director nominated by Delhi government’s education department, and an officer at the rank of additional director from the directorate of health services, to be nominated by the secretary of the department of health and family welfare of the Delhi government.

Concerns raised by residents

In its order, the court directed the Centre to honour its undertaking and comply with the directions issued on June 4, wherein authorities were directed to ensure free travel on the Delhi Metro for one member of each rehabilitated family for an initial period of one year.

The court delivered the verdict in an appeal filed by the residents against a single judge’s May 11 order, which directed the 350 residents to vacate their premises within 15 days. The single judge’s order was passed in a petition filed by residents of Bhai Ram Camp, DID Camp, and Masjid Camp, challenging the decision to relocate them to alternative accommodation at Savda Ghera.

The residents had contended that the rehabilitation process violated the applicable policy because several procedural requirements were not followed, and no reason was given for shifting them to a distant location instead of providing in-situ rehabilitation. Their families had lived in the camps for generations and depended on nearby areas for livelihood through domestic and other blue-collar jobs, while their children studied in local schools. They argued that relocation would adversely affect their livelihood, education, and Right to Life under Article 21.