Jhuggi Clusters Not Notified By DUSIB Can't Seek Benefit Of 2015 Rehabilitation & Relocation Policy: Delhi High Court

The Delhi High Court has held that notification by DUSIB (Delhi Urban Shelter Improvement Board) is an essential pre-requisite to be qualified/ recognized as a "jhuggi jhopri basti" for the purpose of its Rehabilitation and Relocation Policy of 2015.

A single bench of Justice Sachin Datta observed,

"A perusal of the 2015 Policy also makes it clear that only jhuggi jhopri bastis that have come up before 01.01.2006 are eligible for rehabilitation/re-location in terms of the said Policy. More importantly, by definition in the statute itself, notification by DUSIB is an essential pre-requisite to be qualified/ recognized as a jhuggi jhopri basti for the purpose of the Act and the 2015 Policy."

In absence of such a notification, the Court vacated its interim order restraining the Delhi Development Authority from bulldozing jhuggi clusters in city's Gyaspur area in Hazrat Nizamuddin.

The status quo order was passed by a vacation bench last month.

While permitting the DDA to proceed in accordance with the law, the High Court made it clear that the residents of the jhuggis in question cannot be left in lurch and the State must take suitable ameliorative measures to mitigate the residents' suffering.

It noted that the government is willing to accommodate them in a shelter home run by DUSIB at a close distance from the subject site.

The Court noted that their relocation was also necessary in view of the fact that the jhuggi cluster is situated on the Yamuna floodplains, posing a threat to life, particularly in the monsoon season.

The development comes in a plea moved by the residents, claiming that the T-Huts settlement in the area, which the authority proposes to vacate, has been in existence for almost two decades and comprise of 32 jhuggis/ households.

While the Petitioners admitted that the land in question belongs to DDA, they urged to not be physically evicted from the demolition site until the survey is conducted and rehabilitation is provided to the them as per the DUSIB policy of 2015.

The DDA filed applications seeking vacation of the stay order. The ASG submitted that the alleged jhuggi clusters were not in the list of 675 notified jhuggi jhopri bastis/clusters released by DUSIB.

The court stated that by the definition in the statute itself, notification by DUSIB was an essential pre-requisite to be qualified and recognized as a jhuggi jhopri basti. Thus, the reliance placed by the petitioners upon the 2015 Policy, or the 2016 Protocol was misconceived.

The court also expressed doubts on the claim made by Petitioners that they had been residing in the said jhuggi cluster since 1995. "Google earth images of the years 2004, 2006 relied upon by the respondent, repel the assertion that the petitioners have been residing in the said sites on or before 01.01.2006."

DDA was directed to provide all possible assistance for rehabilitation of the petitioners.

CASE TITLE: URMILA & ORS. v. DELHI DEVELOPMENT AUTHORITY & ORS. 

Citation: 2022 LiveLaw (Del) 773

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