Mere Eviction From Jhuggi Cluster, Rehabilitation At Alternate Site Doesn't Violate Article 21 If DUSIB Safeguards Are Followed: Delhi High Court

The Delhi High Court has held that mere eviction of jhuggi dwellers and their rehabilitation at an alternative site would not violate their fundamental rights under Article 21 of the Constitution of India, so long as the safeguards prescribed under the Delhi Urban Shelter Improvement Board (DUSIB) Policy and Protocol are complied with.Justice Purushaindra Kumar Kaurav made the observation while dealing with petitions filed by residents of Bhai Ram Camp, DID Camp and Masjid Camp, who challenged their eviction and relocation to alternate accommodation at Savda Ghevra in the city.The Court agreed that petitioners have fundamental rights to shelter and livelihood under Article 21 of the Constitution of India. “These rights are intricately connected to the fundamental right to life and any violation of one of them would generally entail violation of all of them,” it said. However, their mere eviction and rehabilitation at alternative accommodation, it added, would not violate the said rights as long as the interests of the petitioners are secured as per the mandate of DUSIB Policy and Protocol.“Respondents are bound to, as per their own policy, ensure minimal impact of the rehabilitation on the lives of the persons who are rehabilitated. If the aforesaid requirements are complied with, the petitioners' grievances would be mitigated to a great extent. The Supreme Court, in Olga Tellis and Ors., has held that the rights under Article 21 may be abraded by procedure established by law which is reasonable,” it observed.The Petitioners had argued that the proposed rehabilitation site at Savda Ghevra was far from their workplaces and schools, which would adversely affect their livelihood and education.The Respondent authorities on the other hand submitted that the relocation became necessary because the jhuggi clusters were situated near sensitive defence installations adjoining an operational Air Force Station.While the Court accepted that the residents' right to shelter and livelihood had to be balanced with legitimate state interests, at the same time, it noted that DUSIB's own protocol obligated authorities to facilitate access to schools, healthcare, transportation, drinking water and sanitation facilities at rehabilitation sites.While the Court found that the authorities had not “strictly followed” every procedural requirement under the DUSIB Policy and Protocol, it held that no prejudice had been caused to the petitioners because all residents had been declared eligible for rehabilitation and several deficiencies had subsequently been rectified.The Court ultimately directed the authorities to ensure compliance with DUSIB norms regarding education, transport, water and sanitation facilities at the alternate accommodation site. It also directed residents who had not yet accepted allotment letters to do so and vacate the present camps within 15 days, failing which authorities would be free to take action in accordance with law.Appearance: Mr Pankaj Sinha, Ms Garima, Mr. Sunil Tiwari, Advocates for Petitioners; Mr.Chetan Sharma ASG, Mr. Syed Abdul Haseeb CGSC With Ms.Nasreen Khatoon G.P for Union Of India and Mr. Muhammad Aamir Khan and Mr. Syed Abdur Rahman, Mr Piyush Gupta CGSC, Mr Atishay Jain, Mr. Vishesh Goel for UOI. Mr. Shrey Sharawat, SPC, along with Mr. Himanshu Sihag, Advocates for R-1 and 2 Mr. Anuj Chaturvedi, Ms. Richa Dhawan, Ms. Yashita Jain (Advocates) with Sh. P. K. Jha (Principal Director) and Pranav Siroha (LA) for DUSIB. Ms. Meenakshi Advocate for DUSIBCase title: Mrs. Khushnuma Khan And Others v. UoICitation: 2026 LiveLaw (Del) 476Case no.: W.P.(C) 17239/2025Click here to read order

Mere Eviction From Jhuggi Cluster, Rehabilitation At Alternate Site Doesn't Violate Article 21 If DUSIB Safeguards Are Followed: Delhi High Court

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Mere Eviction From Jhuggi Cluster, Rehabilitation At Alternate Site Doesn't Violate Article 21 If DUSIB Safeguards Are Followed: Delhi High Court

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