Persons Cannot Be Evicted With “Bulldozer” At Their Doorstep Without Any Notice, Rendering Them Completely Shelterless
Case: Shakarpur Slum Union V. Dda And Ors
Coram: Justice Subramonium Prasad
Case No.: W.P.(C) 6779/2021
Court Observation: “The DDA has to act in consultation with the DUSIB before embarking upon any such venture and persons cannot be evicted with a bulldozer at their door step early in the morning or late in the evening, without any notice, rendering them completely shelter-less. A reasonable period has to be given to such persons and temporary location has to be provided to them before embarking on any demolition activities,”
“Court cannot be ignorant of the observations made in paragraph No.60 of Sudama Singh (supra) that it is not uncommon to find a Jhuggi dweller, with the bulldozer at the doorstep, desperately trying to save whatever precious little belongings and documents they have, which could perhaps testify to the fact that the Jhuggi dweller resided at that place.”
“The survey conducted by the DDA and the maps filed before this Court show that Ramesh Park and Lalita Park are on one side of the Pushta Road and the places where demolition took place is across the Pushta Road, away from the Clusters identified by the DUSIB,”
“It is well settled that while adjudicating a writ, a writ court cannot go into excruciating details of facts,”
“Encroachment on government land cannot be said to be a fundamental right of any person and a person encroaching upon government land cannot claim that he is entitled to rehabilitation as a matter of right even in the absence of any policy bestowing the benefit of rehabilitation and relocation on the said person.”
“This Court expects from the DDA to follow similar norms for demolition as well,”
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