"Over 250 houses have been demolished, and all residents are still here. No one has asked us about food, water, or shelter. We have simply become victims of the MCD's cruelty," said Anurag Tiwari, a 23-year-old resident of Janata Jeevan Camp — a slum cluster in south-east Delhi's Okhla area.
Residents of the Janata Jeevan Camp claim that it was established over 40 years ago and was home to at least 170 families. However, their houses were razed to the ground during two anti-encroachment drives that occurred on 30-31 August and 2-3 September.
On 28 August, the Municipal Corporation of Delhi (MCD) issued an eviction notice asking residents to vacate their jhuggis by 1 September so that they can "remove encroachments in a service lane" located in Okhla Industrial Area.
After the residents sought judicial intervention, the Delhi High Court on 2 September told the authorities that "no demolition work shall be conducted within the defined boundary lines of the JJ Bastis, as recognised and published by DUSIB..."
"Yet, the corporation went ahead and demolished our homes on 3 September, ignoring the court's order," alleged Tiwari.
'Have Been Living Here Since 40 Years, Were Eligible For Rehabilitation'
"For the past five nights, my family and I have been running from pillar to post, seeking shelter," said 40-year-old Amreesh Kumar.
A resident of the Janata Jeevan Camp, Amreesh works as a water tanker driver. The only earning member of his family of four, he now worries about his daily bread.
The basti was home to daily-wage workers, factory workers, street vendors, construction workers, domestic workers, and gig workers.
Residents that The Quint spoke to expressed anger and frustration over the lack of notice and "blatant disregard for their livelihoods".
Yogesh Yadav, a 30-year-old food delivery worker has been a "lifelong" resident of the Janata Jeevan Camp and claims his family has lived here for nearly 40 years.
He claimed, "On 28 August, two officials and police officers arrived at our residence, presenting an eviction notice that stated our homes would be demolished on 2nd September."
The residents filed a writ petition in the Delhi HC on 31 August, seeking a stay on the demolition notices put up by MCD. They claimed that they had been residing in the three adjacent jhuggi bastis for more than 40 years, which makes them eligible for rehabilitation before they are evicted.
'Janata Jeevan Camp Among List of 675 Identified Slums Identified by DUSIB'
According to Delhi Slum and Jhuggi Jhopri Rehabilitation and Relocation Policy, 2015, slum clusters established prior to 1 January 2006, cannot be demolished without providing alternative housing. But residents of the Janata Jeevan Camp alleged to The Quint that they have "not been provided any rehabilitation."
The petitioners have claimed that the slum cluster is among the list of 675 JJ Bastis identified by Delhi Urban Shelter Improvement Board (DUSIB). The three adjacent bastis fall on serial numbers 371, 378 and 379 of DUSIB's list, the petition states.
"A year ago, Delhi Development Authority (DDA) officials conducted a partial survey of our property but never returned to complete it. Despite seeking help from the police, court, and we have been met with indifference. We have now lost our home," claimed Yogesh.
(The area falls under Tughlakabad Assembly constituency. The Quint has reached out to MLA Sahiram Pahalwan. We'll update the story once he responds.)
'Demolitions Occurred Despite Delhi HC Stay Order'
Social worker and lawyer Sumayya Khatoon, who is representing the residents in Delhi High Court told The Quint, "The MCD is attempting to deceive the court by claiming that no demolitions are taking place in the aforementioned JJ bastis."
She explained that the boundaries of these JJ bastis have been clearly defined and published on DUSIB's website — highlighted in red on an aerial map of the area (photographs below).
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"How many houses were actually within and outside these delineated boundaries, when nearly 250 houses have been demolished? What have they truly protected?" Khatoon remarked.
She argued that areas within these boundaries have been demolished, which is in direct violation of Delhi HC' order of 2 September, which had asserted, "no demolition work shall be conducted within the defined boundary lines of the JJ Bastis, as recognised and published by DUSIB..."
Many residents The Quint spoke to stated that they were not given adequate time to remove their belongings.
'MCD Ignored Court Order, Protocol; Rendered Us Homeless'
"Despite repeated assurances from authorities, the MCD has ignored court orders and protocol to render us homeless. MCD officials should be held accountable for their actions," Amreesh lamented. He further argued that "MCD lacks the authority" to conduct demolitions.
A 2015 Delhi High Court order in the matter of Ajay Maken Vs Union of India and Others envisages the protocol for removal of jhuggis and JJ Bastis in Delhi. It states that:
DUSIB is Nodal Agency to conduct comprehensive surveys and ascertain which slum clusters would be entitled for rehabilitation
It is essential that a uniform approach is adopted as regards all slum clusters in Delhi
The removal of slum clusters will be as per the provisions of Delhi Slum & JJ Rehabilitation & Relocation Policy, 2015, which focuses rehabilitation as a matter of principle and relocation in exceptional cases.
This protocol shall be followed by all agencies including the Delhi Police.
"Why did MCD take the lead to demolish the basti when the protocol clearly states that DUSIB is the nodal agency? Is MCD acting on behalf of DUSIB?" asked Nirmal Gorana Agni, Convener of Mazdoor Awas Sangharsh Samiti.
Delhi Urban Development Minister Saurabh Bharadwaj wrote to DUSIB on 3 September, asking the body to send its senior officers on site "so that no illegal demolition is carried out."
Please note: While DUSIB falls under the Delhi government, MCD and DDA are controlled by the Central Govt.
'Don't the Poor Have Rights?'
Khatoon told The Quint that despite facing vehement opposition from its residents, the MCD went ahead and razed Janata Jeevan Camp to the ground over two phases — 30-31 August and 2-3 September.
"DUSIB is misleading the court by saying no demolitions have taken place inside the marked boundaries of the three adjacent slum clusters at Okhla. The fact is that the entire slum has been cleared and hundreds are left homeless and without a livelihood," Agni claimed.
He demanded that a committee conduct an independent survey of the ground, while Khatoon told The Quint that she will file a contempt petition in court.
"Don't the poor have any rights? Most of the dwellers were workers — house helps, construction workers, taxi drivers, factory workers — who help in our day-to-day functioning and contribute to the economy. Can you imagine a day's work without their involvement?" Agni remarked and demanded that the slum residents be rehabilitated.
The petitioners have sought rehabilitation under DUSIB Policy and protocol and a compensation of Rs 50,000 to each individual whose house has been unlawfully damaged or demolished.
(The Quint has reached out to DDA, MCD and DUSIB with queries. We will update the story once they respond.)
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