Delhi HC Orders Prompt Rehabilitation of Over 45000 Residents, Questions Delay

The residents have been waiting to be rehabilitated for years, despite having paid money for rehabilitation.

The Delhi High Court, in a recent order, has directed that the residents of two slums in the national capital, be rehabilitated without any further delay.

Why this matters: Over 45,000 people from these areas have been waiting to be rehabilitated for years, despite having paid money for rehabilitation and previous favourable court orders.

The court order, dated 2 March, will provide "much needed relied to the residents at a crucial time," according to iProbono, a social justice organisation, providing legal aid to the residents.

"This order from the Delhi High Court provides much needed relief to the residents at a crucial time when Delhi is grappling with relentless demolitions of the bastis and in particular, to those slum dwellers who despite favourable orders from the high court directing rehabilitation, are yet to be allotted an alternate residence to reside in a hygienic and humane manner. "

iProbono press release

In its order, the court pulled up the authorities involved for failing to execute the rehabilitation and dubbed this "a travesty of justice."

The cases: The order stems from two housing rights cases.

The first case:

• The residents of East Kidwai Nagar basti, who were being evicted in 2017 had moved the Delhi High Court (Mathura Prasad &  Ors. v SDMC & Ors)

• Following this, the court, in a favourable judgment in 2019, directed the Delhi Urban Shelter Improvement Board (DUSIB) to rehabilitate the eligible people

• However, despite having an order in their favour and paying the prescribed amount for rehabilitation of Rs 1,42,000 per person, the residents of this basti continued to live in squalid conditions

"Most of these residents are daily wage earners who struggle to manage two square meals a day and it is extremely difficult for them to survive with a huge sum of money being tied up for years. Some of these residents had to resort to taking loans and are now paying interest, while some spent their lifelong savings, and some sold all their valuables to be able to deposit this money and are now left in the lurch," iProbono's statement said.

The second case :

• This is related to a young widow, suffering from chronic illness and a single mother of five young children. In 2017, the Delhi High Court had passed a judgment (Udal & Ors. v. DUSIB & Ors) directing the DUSIB to rehabilitate the residents of Rajiv Camp

• The petitioners in this case were all identified as eligible for resettlement and have been rehabilitated except this woman who has been trying all means to secure housing for her family

• She finally decided to move the court in a contempt case in 2019

Why the delay? Although the DSUIB had earmarked flats, taken money and issued allotment letters to the petitioners, it hadn't given them posession because the said flats were being used as a quarantine centre during the pandemic.

And then came the Ministry of Housing & Urban Affairs' (MoHUA) Affordable Rental Housing Complex Scheme (ARHC Scheme). This caused further delay.

How?

The scheme demanded that the vacant flats in the resettlement colonies of Delhi be handed over to the central government.

The DSUIB, citing this scheme, refused to rehabilitate the slum dwellers and said that the central government had taken control of all the vacant flats.

Back to the courtroom: Despite the DSUIB's stated reasons, the court said that the flats that were alloted to the slum dwellers prior to the Central government scheme, cannot be considered as "vacant flats."

The order explains that the slum dwellers have already made the payment, have received allotment letters and thus have a vested right of housing over these flats. DUSIB has been directed to start with the draw of lots process and rehabilitate these residents without any further delay.