Delhi HC proposes panel to check facilities at colony where slum dwellers near PM residence will be rehabilitated

Seeking in-situ rehabilitation, the dwellers have also complained about the absence of basic amenities at Savda Ghevra, including the lack of schools.

Senior Advocate N Hariharan, representing the dwellers, urged that their issue be “looked at as a human problem.”

The matter was taken up before the division bench of Chief Justice D.K. Upadhyaya and Justice Tejas Karia. Addressing the dwellers’ counsel, CJ Upadhyaya orally remarked, “….We will ensure, by sending a Commission, as to what is the position of sanitation, water supply…For ensuring livelihoods, we will instruct them (authorities) to provide free bus passes and metro passes from the colony till the place of the present employment for three years…Court is aware of the Delhi Urban Shelter Improvement Board (DUSIB) Act,…”.

“..Considering the entire gamut, we have asked to consider the proposal we have given to you. If we fail to arrive at any kind of proper rehabilitation, we will decide the appeal. We are not shying away from deciding the appeal. Your right to effective rehabilitation is one aspect. The other aspect is, the need of the government, that we have to balance….that aspect we cannot forget. Therefore we are trying to (ensure) that you get a decent rehabilitation…therefore we are requesting you to please consider the proposal,” CJ Upadhyaya said.

The court also asked Additional Solicitor General of India (ASG) Chetan Sharma and central government standing counsel Ashish Dixit to take instructions on whether free bus and metro passes for the dwellers can be arranged, once they are rehabilitated at Savda Ghevra, for a period of three years.

While Hariharan requested the court to protect the dwellers from eviction until the next date of hearing, the court orally addressing the counsels for the authorities added, “Don’t do anything till Monday (May 25).” The court, however, did not record any direction to this effect in its order. The HC will hear the matter next on May 26.

Earlier, the Centre had told the court that the eviction is necessary as “the location of the present camps is adjoining military installations” and requires strengthening of defence infrastructure.

Highlighting the broader geopolitical context, the Centre had told the court, “in the current global security situation, which involves increased threats and the risk of conflict or war-like conditions, the presence of unauthorised structures in this sensitive area creates serious risks to national security, public safety, and the protection of vital installations.”

While noting that it is imperative for authorities to “ensure minimal impact of the rehabilitation on the lives of the persons who are rehabilitated”, the single judge bench had held that the slum dwellers are “unauthorised occupants” of the land in question.

The court had further noted, “considering contemporary geopolitical events, national security concerns of the respondents satisfy as specific reasons for eviction of the petitioners. The Court ought not to be too eager to interfere with such executive policy decisions.”