The Delhi High Court today refused to interfere with the demolition of jhuggis near Pragati Maidan and granted one month time to its occupants to move out from the premises.
Justice Prathiba M Singh, heard petitions by residents following a devastating notice issued earlier this year. Stated authorities may take action for demolition after May 31 and also clarified that petitioners shall be provided alternative accommodation in a shelter home.
The court said that, “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.”
Notably, the jhuggis, which were on the side of Bhairon Marg, weren’t a part of a “notified cluster” by the Delhi Urban Shelter Improvement Board (DUSIB) and no rehabilitation can be directed.
Also, it noted that the structures in question were also at “considerable distance” from the recognised jhuggi cluster in the area.
Further the court recorder that, “A sketch has also been placed on record to show that the petitioners’ jhuggis are on the roadside of Bhairon Marg,” further adding that since “they aren’t part of the recognised jhuggi”, it wasn’t disposed to interfere with the demolition/eviction.
It stated that, “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 map filed by submitted by the respondent shows there is a considerable distance between recognised basti which shows dense cluster unlike the location of the petitioner where there are some scattered jhuggis.”
Previously, the petitioners moved to the court in present year against a demolition exercise by the Public Works Department (PWD), claiming for being a part of the jhuggi cluster at Janta Camp Railway Nursery behind Pragati Maidan.
