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DELHI HIGH COURT
C.HARI SHANKAR
Samarpal – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. The homeless, who people the pavements, the footpaths, and those inaccessible nooks and crannies of the city from where the teeming multitude prefer to avert their eyes, live on the fringes of existence. Indeed, they do not live, but merely exist; for life, with its myriad complexions and contours, envisaged by Article 21 of our Constitution, is unknown to them. Even a bare attempt at imagining how they live is, for us, peering out from our gilt-edged cocoons, cathartic. And so we prefer not to do so; as a result, these denizens of the dark continue to eke out their existence, not day by day, but often hour by hour, if not minute by minute.
2. Articles 381 and 392 of the Constitution of India obligate the State to secure a social order in which the sacred preambular goal of justice, social, economic and political, informs all institutions of national life and, towards this end, to strive to minimise inequalities in income, and to endeavour to eliminate inequalities and status, facilities and opportunities. In particular, Article 39 requires the State to direct its policy towards securing (i) that citizens have the right to an adequate means to livelihood (vide cla
The court affirmed that entitlement to relocation benefits under the policy should validly consider prior residency of slum dwellers, even if the current jhuggi was established post cut-off date.
The judgment established that for entitlement to protection/rehabilitation under the existing policy framework for rehabilitation of residents of Jhuggi-Jhopri in Delhi, the settlement must qualify a....
Failure to substantiate entitlement to rehabilitation under the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 results in denial of the benefit. However, authorities must provide temporar....
The main legal point established in the judgment is that the petitioner and other residents of the jhuggis were not entitled to rehabilitation as per the DUSIB policy, 2015, and the DUSIB Act, 2010. ....
Eligibility for rehabilitation under the 2015 Policy is contingent upon the notification of jhuggi jhopri basti by DUSIB and adherence to the cut-off dates for entitlement to rehabilitation.
The main legal point established in the judgment is that a person cannot repeatedly approach a Writ Court claiming the same relief by making changes in the prayer clause, as it would amount to an abu....
The judgment established that under the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015, residents must prove that their clusters were notified by DUSIB and that the jhuggis were constru....
The main legal point established is that unless a jhuggi is part of the recognized cluster of the Delhi Urban Shelter Improvement Board, no rehabilitation can be directed.
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