Delhi slum residents move SC against razing
NEW DELHI: A group of slum dwellers affected by a recent eviction order have approached the Supreme Court, seeking to be included in any hearing before demolition of their homes.
The top court on August 31 ordered that approximately 48,000 slums situated along train tracks must be cleared.
The matter has also taken a political tone with the ruling Aam Aadmi Party (AAP) targeting the Bharatiya Janata Party (BJP) for eviction notices issued by the Union railways ministry. The BJP has in turn criticised the AAP for not making alternate residential arrangements for those affected.
In their applications filed to the top court, a group of 11 who reside in some of these clusters said: “The impleaders (slum dwellers) work in the markets and industrial areas near their residence. It will be very difficult for them to earn their livelihood if they are removed from the said area in these difficult and unprecedented times of the pandemic.” The affected applicants are residents of Jhuggi Jhopri (JJ) clusters of Sarai Rohilla, two camps of Kirti Nagar, and another cluster near Defence
Colony.
This is the second application filed in the top court – on Friday. Senior Congress leader Ajay Maken sought court orders for alternate housing for the affected people under the Delhi Slum & Jhuggi Jhopri (JJ) Rehabilitation and Relocation Policy, 2015, before they are removed.
Advocate Lubna Naaz, who filed the application on behalf of the slum dwellers, said, “At present 11 slum dwellers have come but any order by the Court will impact dwellers residing in the 48,000 slums. In the current circumstances of the pandemic, these people need compassion and a little help from the Court for their suitable rehabilitation.”
The slum dwellers in their application have annexed two documents that could be relevant to decide the future course of action. The Delhi Urban Shelter Improvement Board (DUSIB) began a survey of the JJ clusters. Out of 196 JJ clusters, the survey covered 158. It was stopped midway after DDA instructed DUSIB on October 23, 2019 to suspend the process due to the Delhi Assembly elections that were held in February 2020. Another document annexed to the application is a communication by director, Railway Board on January 7, 2016.
The document records a decision that no demolition is to be carried out without joint notice by representatives of DUSIB and railways and without a Rehabilitation Plan.
A closer look at the proceedings in the Supreme Court which resulted in the order of eviction reveals that at no stage did the court call upon the slum dwellers to be heard.
The action had its genesis in a February 28, 2020 order where the court observed: “By the sides of the railway lines in outer Delhi region, heaps of plastic bags and garbage are lying on both sides and people living in the slums. The situation is pathetic.”
The slum dwellers work near their residence. It will be very difficult for them to earn their livelihood if they are removed from the said area. APPLICATION FILED BY SLUM DWELLERS