The Delhi High Court on Friday sought a response from the Delhi Urban Shelter Improvement Board and DUSIB’s Rehabilitation branch on the plea of a man aggrieved by the fact that the DUSIB dispossessed him from his jhuggi in 2012 without providing alternate accommodation.
The Division Bench led by Chief Justice D.N. Patel and Justice Amit Bansal issued notice in the matter and posted it for November 8. Filed by one Ram Bharose, through Advocates Dr M.K. Gahlaut and Varun Jain, the plea contends that the petitioner was in lawful physical possession of one jhuggi in Delhi’s Kirti Nagar when he was dispossessed by the DUSIB in August 2012.
The plea thereby alleges that DUSIB has acted in ‘gross violation of fundamental right and social justice’ as without making prior provision of allotting alternative residential accommodation, the petitioner and his family members were dispossessed from the said jhuggi.
“Since then the petitioner is moving from post to pillar and requesting the authorized agents… to allot alternative residential accommodation in lieu of displacement from the said jhuggi,”
-the plea claims.
The plea highlights that the petitioner made a representation before the concerned authorities in December 2020; and subsequently, preferred a petition before the Delhi High Court, wherein the Single Judge, vide the order passed in March 2021, asked the concerned authorities to adjudicate upon the representation of the petitioner. However, the representation was declined by DUSIB vide order dated July 6, 2021.
In light of the above, the plea prays for alternative residential accommodation in lie of the dispossession; as also seeks quashing of order dated July 6 passed by DUSIB.
“Any statutory Rules, Regulations, notifications and orders passed under the provisions of DUSIB depriving the petitioner from possessing the residence to lead the life with dignity and taking away the privileges and benefits of jhuggi/slum dweller to have their own accommodation is violative of Article 14 and 21 of the Constitution,”
-the plea states.
While stating that the petitioner was dispossessed from his jhuggi in a highly unjust and arbitrary manner, the plea adds thus: “Right to life means and includes right to have residence and shelter for leading the life in a dignified manner.”