Jhuggis near Pragati Maidan should be removed: Delhi High Court

NEW DELHI:  Refusing to interfere in the removal of jhuggis near Pragati Maidan, the Delhi High Court on Tuesday said the authorities may proceed with demolition action after May 31, while giving one month for occupants in the area to leave the place.

The petitioners shall be provided alternative accommodation in a shelter home according to applicable norms, the high court clarified. “The petitioners are given a month’s time to move to the shelter home as per applicable norms. After May 31, the authorities may take action for demolition. By the said date, all belongings of the petitioners will be removed,” Justice Prathiba M Singh after hearing residents’ plea against the demolition notice which was issued to them earlier this year.

It was noted by the court that the jhuggis, which were on the side of Bhairon Marg, was not part of a “notified cluster” by the Delhi Urban Shelter Improvement Board (DUSIB) and therefore, no rehabilitation can be directed. It also noted that the structures in question were also at a “considerable distance” from the recognised jhuggi cluster in the area.

“A sketch has also been placed on record to show that the petitioners’ jhuggis are on the roadside of Bhairon Marg,” recorded the court, adding that since “they are not part of the recognised jhuggi”, it was not inclined to interfere with the demolition or eviction.

“The clear position in law as of today is that unless and until a jhuggi is part of a recognised cluster of DUSIB, no rehabilitation can be directed. Moreover, in this case, there is no doubt that the present jhuggi is not part of the recognised basti as the map filed submitted by the respondent shows there is a considerable distance between recognised basti which shows a dense cluster unlike the location of the petitioner where there are some scattered jhuggis,” it stated.

The petitioners had moved the court earlier this year against a demolition exercise by the Public Works Department (PWD), claiming to be part of the jhuggi cluster at Janta Camp Railway Nursery behind Pragati Maidan, which they said was a notified slum. In February, the court had stayed the demolition of the slum in question and sought the stand of the Centre and Delhi government authorities on the issue.