Congress Leader Ajay Maken Seeks Rehabilitation of Slum Dwellers Before Eviction, Files Application in Supreme Court
(Judicial Quest News Network)
Former Union Minister and Senior Congress Leader Ajay Maken have moved the Supreme Court seeking rehabilitation of slum dwellers there are predominant presence of jhuggies in Delhi along with 140 km route length of track in the region.
On August,31 this year the top Court directed the removal of 48,000 slum dwellings within three months and said there shall not be any political interference in execution of plan.
In the said order the top Court had also ordered that there would be no stay on its order by any other court.
“The Application filed by Ajay Maken through Advocate-on-Record Nitin Saluja and Advocate Aman Pnwar, states that slum dwellers were never heard in the case, and that the order passed was in violation of the Supreme Court’s Olga Tellis Verdict.It states.
“That since while passing the Order dated 31.08.2020 qua removal of jhuggis no opportunity of hearing was given to the actual affected habitants of the jhuggis or any section thereof, though it involves intricate Questions of Law, Constitutional Morality, interpretation of Article 21, and other wide ranging factors. Hence, it is imperative the present applicants be heard and be allowed to place on record various factual and legal aspects of the policies pertaining to rehabilitation, relocation and removal of slums in Delhi”
It is further mentioned in the application that the present application for intervention also ought to be entertained for the reason that while this Hon’ble Court has given a detailed hearing to the respondent agencies (i.e. Ministry of Railways, Government of NCT of Delhi, Delhi Urban Shelter Improvement Board etc.) who are seeking to remove the jhuggi
Dwellers, no hearing, even in representative capacity, has been given
To the jhuggi inhabitants sought to be removed.
The IA states that the August ,31 order was “inhuman and against the public policy” as lakhs of children, women and elderly persons currently residing in the large slum clusters alongside the railway tracks will be left without a roof.
Tha Applicant have also moved a letter of Urgency before Chief Justice of India SA Bobde stating that railway authorities have already begun identification and removal of the Jhuggis and have ‘issued demolition notices’ in various slums in Delhi.
Maken and Co-petitioner Kailash pandit said that they are filing the intervention application seeking additional directions for rehabilitation of the affected population prior to their displacement.
The application further mentions that “Suitable facilities are to be provided at the site where rehabilitation is totake place, for (i) for admission of the wards of the jhuggi dwellers in thenearby schools (ii) for setting up a dispensary/ Mohalla Clinic in the vicinityof the flats (iii) opening a fair price shop/Co-operative store to cater to thebasic daily needs of the jhuggi dwellers, if not available in the vicinity. Forthis purpose, DUSIB is expected to make requests to the Directorates of entral Government being made categorical, the questions that arose earlier for determination in the order dated 12th October 2018 of this Court have been rendered academic.”
It is thus praye that the Jhuggi dwellers be relocated and rehabilitated prior to their eviction.
Applicants further submitted that India is the Second worst affected country in the world due to the COVID-19 pandemic, would be highly risky.In these circumstances, forcing many people to move around in search of shelter and livelihood is a dangerous proposition.
[Read Application]
