Introduction

The case of Shakarpur Slum Union v. Delhi Development Authority (DDA) was adjudicated by the Delhi High Court on August 2, 2022. The petition was filed by the Shakarpur Slum Union, representing residents of Jhuggi Jhopri Bastis (JJ Bastis) and slums in the Shakarpur district of Delhi, against the DDA and other authorities. The core issue revolved around the unauthorized demolition of approximately 300 jhuggis by DDA officials without prior notice or adherence to the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015 (DUSIB Policy). The petitioners sought various remedies, including the suspension of further demolitions, provision of rehabilitation, and compensation for the affected families.

Summary of the Judgment

The Delhi High Court, presided over by Hon'ble Mr. Justice Subramonium Prasad, dismissed the writ petition filed by the Shakarpur Slum Union. The court held that the demolition undertaken by the DDA was outside the purview of the DUSIB Policy because the affected areas were not part of the notified JJ Clusters listed as S. No. 553 and 569. The court emphasized the necessity of adhering to established policies and protocols before executing such demolitions, thereby upholding the DDA's actions in this specific context.

Analysis

Precedents Cited

The judgment extensively referred to previous cases, notably Sudama Singh & Others v. Government Of Delhi & Anr. (2010) and Ajay Maken & Ors v. Union of India & Ors. (2019). These cases established critical principles regarding the rights of slum dwellers, emphasizing that rehabilitation and relocation must precede any demolition. In Sudama Singh, the court underscored the importance of comprehensive surveys and proper documentation to establish residency and entitlement to rehabilitation. Similarly, in Ajay Maken, the court clarified that only those JJ clusters officially recognized under the DUSIB Policy are entitled to its benefits.

Legal Reasoning

The court's decision hinged on the adherence to the DUSIB Policy and the statutory requirements outlined in the Delhi Urban Shelter Improvement Board Act, 2010. The judgment meticulously analyzed whether the demolished jhuggis fell within the scope of the notified clusters. It was determined that the demolition occurred outside the areas designated as S. No. 553 and 569, as confirmed by satellite maps and surveys submitted by the DUSIB and DDA. The court emphasized that enforced demolitions without following due procedural protocols, such as conducting proper surveys and ensuring rehabilitation, are unlawful.

Impact

This judgment reinforces the sanctity of established rehabilitation policies and the necessity of their strict implementation. It serves as a precedent ensuring that authorities cannot arbitrarily demolish slum dwellings without due process. Future cases involving unauthorized demolitions will likely reference this decision, underscoring the requirement for compliance with statutory policies like the DUSIB Policy. Additionally, it reinforces the principle that only officially recognized clusters are protected, preventing the expansion of protective measures to non-notified areas without formal inclusion.

Complex Concepts Simplified

• JJ Bastis: These are specific clusters or groups of jhuggis (temporary or makeshift shelters) officially recognized for purposes of rehabilitation and relocation under the DUSIB Policy.
• DUSIB: Delhi Urban Shelter Improvement Board, the nodal agency responsible for the rehabilitation and relocation of slum dwellers in Delhi.
• Rehabilitation and Relocation Policy, 2015: A policy framework outlining the procedures and eligibility criteria for the resettlement of slum dwellers, ensuring humane and systematic rehousing prior to any demolition.
• Public Interest Litigation (PIL): A legal action initiated in a court of law for the enforcement of public interest where the rights of those affected are at stake.
• Precedent: A judicial decision that is considered as authority for deciding subsequent cases involving identical or similar facts, or similar legal issues.

Conclusion

The Delhi High Court's decision in Shakarpur Slum Union v. DDA underscores the essential role of statutory policies in governing administrative actions related to slum demolitions. By affirming that only officially notified JJ clusters are protected under the DUSIB Policy, the court ensures that bureaucratic processes are meticulously followed, safeguarding the rights of vulnerable populations. This judgment not only fortifies the legal framework protecting slum dwellers but also sets a clear standard for future actions by urban development authorities, emphasizing the importance of due process and adherence to established rehabilitation protocols.