On June 25 2021, Delhi Development Authority (DDA) officials razed about 300 settlements or jhuggis in Ramesh and Lalita Park in the Shakarpur area of North East Delhi. The demolition drive lasted three days. Police officials, along with the officials of DDA, removed the residents from the site, many of whom were unable to collect their belongings from their homes.
A plea filed by Shakarpur Slum Union in Delhi High Court sought to suspend any further demolition arguing that the DDA ought to have followed the procedure and rules laid down in the Delhi Slum & Rehabilitation and Relocation Policy, 2015, the Draft** Protocol **and prior decisions of the Delhi High Court in Ajay Maken & Ors. vs Union Of India and Sudama Singh & Others vs Government Of Delhi.
The writ petition further stated that residents of this settlement comprise of migrant labour from Bihar, Uttar Pradesh and Bengal working in the informal sector and have been residing in the area since 1980 - adding that many residents were previously evicted from their original residence in 2006 during the construction of the Delhi Metro and no rehabilitation was provided to them at the time despite being eligible under the Delhi Urban Shelter Improvement Board (DUSIB) Policy. The petition requested the Court to order a survey to determine the eligibility of residents for rehabilitation under the existing policy and provisions for temporary accommodation/shelter for displaced residents.
Filing its counter, DDA argued that the stay order was contrary to the [various directions](https://nmcg.nic.in/writereaddata/fileupload/ngtmatters/NGT judgement 13.01.15.pdf) of the National Green Tribunal whereby DDA had been directed to remove encroachments on the floodplains of River Yamuna to ensure its ecological rejuvenation. DUSIB and DDA also submitted that demolitions were carried out in locations other than those mentioned in the Additional JJ Clusters List published by DUSIB and that the DUSIB policy is only applicable to Clusters which have been notified.
On 2 August 2022, in its judgement, the Delhi High Court ruled that a person cannot be evicted from their residence with a bulldozer at their doorstep early in the morning or late in the evening and render them completely shelter-less without any notice. The Court directed DDA to carry out further demolition only in consultation with DUSIB after giving a reasonable period to those facing evictions to find alternate accommodation and to provide temporary accommodation before embarking on any demolition activities.
However, the Court maintained that sufficient evidence had been produced by DDA and DUSIB and refused to order a survey to be carried out in the given area to determine eligibility for relief and rehabilitation under the Delhi JJ Slum Rehabilitation and Relocation Policy, 2015. Instead, the Court placed the burden on the residents to prove their eligibility under this policy. It further directed DDA to give sufficient time to the residents to make alternate arrangements or provide accommodation in DUSIB shelters for three months.
On 17 and 18 August 2022, demolitions were carried out in Thokar 11,12 & 13 in Shakarpur. According to the DDA website, 10 acres of land were reclaimed.
Demand/Contention of the Affected Community
Complaint against procedural violations
Demand for rehabilitation
Demand to retain/protect access to common land/resources
Other Demand/Contention of the Affected Community
Region Classification
Urban
Type of Land
Common
Non-Forest (Other than Grazing Land)
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Details of sources (names of accused, names and numbers of any lawyers, names of any police officers contacted)
Status of Project
Original Project Deadline
Whether the Project has been Delayed
Significance of Land to Land Owners/Users
Residential area
Whether the project was stalled due to land conflict
Source/Reference
Total investment involved (in Crores):
₹
Type of investment:
Year of Estimation
Has the Conflict Ended?
When did it end?
Why did the conflict end?
Categories of Legislations Involved in the Conflict
Legislations/Policies Involved
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Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Whether claims/objections were made as per procedure in the relevant statute
What was the claim(s)/objection(s) raised by the community?
What was the Decision of the Concerned Government Department?
Legal Processes and Loopholes Enabling the Conflict:
Forced evictions/dispossession of land
Non-rehabilitation of displaced people
Violation of fundamental rights
Legal Status:
In Court
Status of Case In Court
Disposed
Whether any adjudicatory body was approached
Yes
Name of the adjudicatory body
Delhi High Court
Name(s) of the Court(s)
Case Number
W.P.(C) 6779/2021
Main Reasoning/Decision of court
Major Human Rights Violations Related to the Conflict:
Displacement
Whether criminal law was used against protestors:
Reported Details of the Violation:
Date of Violation
Location of Violation
Government Departments Involved in the Conflict:
Delhi Development Authority, Delhi Urban Shelter Improvement Board, National Green Tribunal
PSUs Involved in the Conflict:
Did LCW Approach Government Authorities for Comments?
No
Name, Designation and Comment of the Government Authorities Approached
Corporate Parties Involved in the Conflict:
Did LCW Approach Corporate Parties for Comments?
Communities/Local Organisations in the Conflict:
Residents of Shakarpur, Shakarpur Slum Union
What was the action taken by the police?
How many people did the police detain or arrest?
What is the current status of the detained/accused persons?
Did the person face any violence while in police custody?
If any arrests took place, were the accused persons produced before a judge within 24 hours of the arrest?
If the accused was not produced before a magistrate within 24 hours, or not produced at all, what were the reasons?
Legislation under which the accused was charged
Was the accused person informed of their right to legal representation? Did the accused person have access to legal aid?
In cases where the accused person approached the court for bail, was bail granted?
Why was bail granted or rejected? If granted, what were the bail conditions and quantum of bail?
Were there any other notable irregularities that took place, or other significant details?
Asmi is a researcher based out of New Delhi. She holds a Bachelor's degree in History from Ramjas College and a Master's degree in Development Studies from Azim Premji University. She has been working with various people’s movements for the past five years including the National Campaign for Peoples' Right to Information and Jan Sarokar. Her areas of interest include transparency, accountability, participatory governance, access to social justice, rights and entitlements.
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