The Delhi High Court on Wednesday said that residents cannot be evicted threatening to bulldoze their homes without any prior notice, Live Law reported.
“Persons cannot be evicted with a bulldozer at their doorstep early in the morning or late in the evening,” the court said. “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.”
The court made the observation while hearing a plea filed by a union of slum residents of New Delhi’s Shakarpur area.
The residents alleged that officials of the Delhi District Authorities, or DDA, had demolished over 300 dwellings in the area without issuing any notice to the residents on June 25, 2021, according to Live Law. They claimed that the demolition drive had lasted for three days and many of the residents were unable to collect their belongings, as they were removed from the site by the police.
The petitioners had asked the court to direct the DDA to suspend the demolition drive and maintain a status quo at the demolished site until all residents are surveyed and rehabilitated as per the policies of the Delhi Urban Shelter Improvement Board.
However, during Wednesday’s hearing, the court declined to pass any such order and said that encroachment on government land cannot be said to be a fundamental right of any person, The Indian Express reported.
“People encroaching cannot claim to be entitled to rehabilitation as a matter of right in absence of any policy,” it noted.
The court, however, observed that it was not uncommon to find slum dwellers desperately trying to save their belongings and documents when a bulldozer lands at their doorstep.
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