Pause eviction of slum residents near PM residence till Monday, HC tells authorities

On May 11, a bench of justice Purushaindra Kumar Kaurav had directed over 350 residents of three slum clusters near the Prime Minister’s residence in the Race Course area to vacate the camps within 15 days and shift to the alternative accommodation arranged by authorities

The Delhi high court on Tuesday asked authorities not to take coercive action until Monday against residents of three slum clusters near the Prime Minister’s residence in the Race Course area if they fail to vacate the camps.

A bench of chief justice DK Upadhyaya and justice Tejas Karia orally asked the authorities to “hold their hand” while it explored the possibility of rehabilitating the residents. (HT Archive)

A bench of chief justice DK Upadhyaya and justice Tejas Karia orally asked the authorities to “hold their hand” while it explored the possibility of rehabilitating the residents at the alternative accommodation in Savda Ghera.

The bench asked the residents whether they would agree to relocate to alternative accommodation if a court-appointed commission confirmed the availability of basic amenities at the site, including sanitation, water supply and access to schooling.

It also asked whether they would relocate if the court directed authorities to provide free bus and metro passes for commuting between the rehabilitation colony and their existing workplaces for three years.

Resident’s counsel, N Hariharan, sought time to obtain instructions from his clients. In the meantime, he requested interim protection, pointing out that the deadline for vacating the premises was May 25.

Centre’s counsels, additional solicitor general Chetan Sharma and standing counsel Ashish Dixit, had submitted that as a one-time measure, they had deposited the contribution to be paid to the beneficiaries as per policy to ensure effective rehabilitation.

“Counsel is here; nothing will happen. We have law officers. The ASG is here. DUSIB counsel is here. Don’t do anything till Monday,” the bench said as it fixed May 26 as the next date of hearing.

The court also asked the Centre’s counsel to seek instructions on the aspect of free bus and metro passes.

The court was hearing a petition filed by the residents against the single judge’s May 11 order.

On May 11, a bench of justice Purushaindra Kumar Kaurav had directed over 350 residents of three slum clusters near the Prime Minister’s residence in the Race Course area to vacate the camps within 15 days and shift to the alternative accommodation arranged by authorities.

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 Savda Ghera.

The residents contended that the rehabilitation process violated the applicable policy because several procedural requirements were not followed, and no reasons were 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 as domestic helps 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 of the Constitution.

However, following the verdict, they filed an appeal before the division bench.