The Delhi High Court on September 26 directed the state government, Municipal Corporation of Delhi(MCD) and Delhi Urban Shelter Improvement Board (DUSIB) to provide temporary accommodation for dwellers of Indira Camp at Andrews Ganj, where the civic body had undertaken a demolition drive in May. Against the backdrop of allegations from affected residents regarding repeated violations of prior court orders by the civic body, the court took a stern view, noting that if the petitioners’ assertions are true, it “reveals the appalling, insensitive and brazen conduct of officials of the MCD.” Justice Sachin Datta, taking note of the allegations, recorded in the order, “Prima facie, the aforesaid conduct (if found to be true) necessitates appropriate action/s for wilful disobedience against the concerned officials” Several affected parties had approached the court in May seeking intervention while the demolition drive was underway. However, the petitioners allege that dwellings were razed despite a Delhi HC order dated May 14—issued a day after the demolition began—which directed the MCD and the Central Public Works Department (CPWD) to halt the demolition. The area is a notified jhuggi cluster under the official list of 675 Jhuggi Jhopdi (JJ) clusters published by DUSIB. While the HC issued further orders on May 23 and 26 to maintain status quo, the petitioners claim that the authorities not only continued the demolition in violation of court orders but also disconnected electricity and water supply without making any arrangements for rehabilitation. Meanwhile, the MCD contended before the court that it should not be “saddled” with the expense of rehabilitation, citing judicial precedents that direct the land-owning agency—CPWD in this case—to bear such costs. The court, however, rejected MCD’s request. Justice Datta recorded: “…considering that the demolition has been carried out by MCD and there are serious allegations… this Court at this stage is not inclined to altogether absolve MCD as regards the demolition action that has taken place and which is in teeth of protective order/s passed by this Court in favour of the petitioners…” The HC then directed MCD to initially bear the cost of rehabilitation, noting that “the apportionment thereof shall be subject to further direction/s of this Court.” Ordering “immediate remedial measures” to ensure that the affected petitioners “are not left exposed to uninhabitable conditions and/or virtually stranded on the streets as a consequence of the demolition action undertaken by the MCD,” the court directed the authorities to provide “appropriate residential accommodations (temporary)” for the petitioners. Failing any other option, the court further directed that the petitioners “shall be provided temporary shelter at the same place/site where their demolished T-huts existed.” The court also instructed the authorities to liaise with concerned agencies such as the Delhi Jal Board and BSES Rajdhani to ensure “appropriate arrangements” are made “to set up other facilities as may be necessary, including the requisite number of toilets and ensuring adequate supply of electricity and water.” Additionally, the court directed DUSIB to “make an endeavour to expedite the requisite procedure/process to be undertaken for rehabilitation of the eligible residents/occupants of the basti/cluster in question, as per the extant policy, preferably before the next date of hearing.” The court also warned that failure to comply with the rehabilitation directions “shall be treated as egregious and wilful disobedience on part of the concerned authorities”. The HC has posted the matter for further hearing on November 24.
