In February, the Delhi High Court had stayed the demolition exercise by the Public Works Department. , photo credit: file photo
The Delhi High Court on Tuesday refused any relief to the residents of a JJ cluster near Pragati Maidan against the demolition drive by the authorities and gave them time till May 31 to vacate the premises.
Slum dwellers, who moved court earlier this year against the demolition exercise by the Public Works Department (PWD), said their shanties were part of the ‘notified’ JJ cluster at Janata Camp Railway Nursery, behind Pragati Maidan in New Delhi. In February, the HC stayed the demolition and sought the stand of the Center and the Delhi government on the issue.
However, the court has now ruled that the slums, located along Bhairon Marg, were not part of a “notified cluster” by the Delhi Urban Shelter Improvement Board (DUSIB) and hence, no rehabilitation could be directed.
Justice Pratibha M. Singh also noted that the structures in question were at a “considerable distance” from recognized JJ clusters.
“The petitioners are granted one month’s time to move to the shelter home as per the applicable norms. After May 31, the administration can take action of vandalism. By the said date, all the belongings of the petitioners shall be removed,” the court said.
“A sketch has also been placed on record to show that the slums of the petitioners are along the Bhairon Marg road,” the order said. demolition or eviction.
“The clear position in law today is that unless a slum is part of a recognized cluster of DUSIB, no rehabilitation can be directed. Further, in this case, there is no doubt that the present slum is not a part of the recognized slum as the map produced by the respondent shows that there is considerable distance between the recognized slum which is a dense cluster unlike the location of the petitioner. Shows where there are some scattered slums.”