LI Network
Published on: February 4, 2024 at 11:30 IST
The Supreme Court has issued a notice in response to a plea challenging the demolition of a Jhuggi Jhopri (JJ) cluster near Mathura Road in Delhi, a move that occurred during a period when demolition activities in the national capital were restricted with exceptions.
The bench, comprising Justices PS Narasimha and Aravind Kumar, examining the petition against a Delhi High Court decision dismissing the plea against the JJ Cluster’s demolition and the request for the rehabilitation of the displaced slum dwellers.
To provide context, the Vikalp Welfare Society, representing the slum dwellers, approached the High Court opposing the demolition action at the JJ Cluster near Mathura.
The Society contended that the demolition, carried out by the Land & Development Office under an exemption from the Commission on Air Quality Management (CAQM), was an abuse of power. The petitioner argued that the slum dwellers were not rehabilitated, violating their constitutional right under Article 21.
The petitioner also highlighted the recognition of 212 families in the JJ Cluster as per a 2012 Delhi Urban Shelter Improvement Board (DUSIB) survey.
The Supreme Court intervention comes after the High Court’s decision to uphold the demolition, citing contempt proceedings against unauthorized encroachment. The Court noted that the slum dwellers failed to provide proof of residence such as electricity bills.
The petitioner, now seeking relief from the apex Court, claims that the demolition left hundreds homeless during winter, violating their right to dignity and shelter.
The petitioner questions the urgency in demolishing listed and surveyed Jhuggi Jhopris, emphasizing the narrow scope of GRAP III exemptions and the absence of provisions for individual exemptions by CAQM.
Senior counsel representing the petitioner argued before the Supreme Court, highlighting procedural non-compliance of the demolition orders and challenging the mindless exemption granted by CAQM.
The Court, after considering the submissions, has issued a notice in response to the plea, addressing the multifaceted grievances concerning the exemption, the timing of the demolition action, and the petitioner’s absence in the High Court proceedings.
Background
The dispute initially arose in the Delhi High Court when jhuggi dwellers sought rehabilitation directions.
A single judge, relying on a 2006 satellite image, concluded that no JJ Cluster existed on the subject land before January 01, 2006. The Division Bench later affirmed this decision in 2019, noting the absence of electricity bills as proof of residence.
The present petition before the Supreme Court challenges these decisions, asserting a violation of rehabilitation policies and questioning the legitimacy of the demolition.
The Court has directed notice to be issued, marking a crucial development in the ongoing legal battle.
Case Title: Ram Pal v. Union of India and Ors., Diary No. 49378/2023