AI Overview...
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Slum Dwellers Cannot Be Evicted Before Resettlement - Courts have consistently held that eviction of slum dwellers must be preceded by adequate rehabilitation and resettlement arrangements. Authorities are restrained from eviction until alternative housing is provided, especially for landless and poor residents who have a right to dwelling units in a democratic setup. Bandhkaam Mazdoor Sangathan VS State Of Gujarat - Gujarat
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Rehabilitation Must Be Prior to Eviction - Several judgments emphasize that eviction should not occur without prior rehabilitation. If land is earmarked for specific purposes, use cannot be changed without legal approval, and ineligible persons cannot claim land meant for eligible residents. Authorities are obliged to take steps for proper rehabilitation before eviction. Satyavva VS Hubli Dharwad Municipal Corporation by its Commissioner - Karnataka, SAKRABHAI BUCHABHAI VS AHMEDABAD MUNICIPAL CORPORATION - Gujarat
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Policy on Slum Resettlement and Exclusion Criteria - State policies generally do not exempt eligible slum dwellers from resettlement, even if they have set up unauthorized structures on roads or footpaths. When eviction occurs, affected persons should have access to social and psychological support. Exclusion from benefits typically requires clear legal or policy grounds. SUDAMA SINGH VS GOVERNMENT OF DELHI - Delhi
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Rights to Alternative Accommodation - Courts have directed authorities to provide alternative housing before eviction. Ineligible persons cannot claim land designated for eligible residents merely by association. Resettlement is integral to eviction proceedings, and beneficiaries of schemes like IHSDP are considered for slum upgrading and resettlement. Rutuparna Mohanty, Managing Trustee Maa Ghar Foundation & 43 VS State of Orissa - Orissa, S. Singaravelu VS Managing Director Tamil Nadu Slum Clearance Board - Madras
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Legal and Policy Frameworks - Several cases highlight that eviction without prior resettlement violates legal principles. Policies requiring prior provision of alternative sites were struck down, reinforcing that eviction should not be executed without adequate rehabilitation measures. Courts have quashed policies that neglect the rights of slum dwellers to shelter and proper resettlement. WAZIRPUR BARTAN NIRMATA SANGH VS UNION OF INDIA - Delhi, ASSOCIATION OF CABIN HOLDERS OF KARCHELIA VS STATE OF GUJARAT - Gujarat
Analysis and Conclusion:
The consensus across these sources is that slum dwellers cannot be evicted before proper rehabilitation and resettlement arrangements are in place. Authorities are legally and ethically bound to ensure alternative accommodation and social support before eviction procedures are carried out. Any policy or action that bypasses these requirements is subject to judicial scrutiny and can be declared invalid. This framework upholds the rights of slum dwellers, especially the poor and landless, to secure housing and protection from arbitrary eviction.
Search Results for "Slum Dewellers Cannot be Evicted before Resettlement"
2022 0 Supreme(Guj) 330 • India - Gujarat
ARAVIND KUMAR, ASHUTOSH J.SHASTRI
from evicting slum dwellers of J.P. ... PIL) has raised a grievance to effect that until rehabilitation and resettlement takes place respondent authorities be restrained ... Article 226, 21, - Indian Trade Unions Act,1926 – Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement ... Ni Chali are sought to be evicted are the poor and landless slum dwellers and they also must have a right of having dwelling unit in a democratic co....
2011 0 Supreme(Kar) 138 • India - Karnataka
S.ABDUL NAZEER
This is a fit case where the respondent and other concerned Authorities have to take steps to rehabilitate the slum dwellers like ... Till the alternative arrangement for rehabilitation of the petitioners as above is made, they shall not be evicted from their sheds ... When the land is earmarked for a particular purpose, it cannot be used for any other purpose. ... It cannot be used for any other purpose without there being an order for change of land use in accordance with law. The petitioners have una....
2010 0 Supreme(Del) 168 • India - Delhi
S.MURALIDHAR
State’s policy for resettlement nowhere exempts persons, who are otherwise eligible for benefit of the said policy, merely on the ... , who deliberately set up their jhuggies on some existing road, footpath etc, but surely this policy cannot be applied to jhuggi ... The respondents’ have failed to produce any such policy which provides for exclusion of the slum dwellers on the ground that they ... When necessary, evicted persons should have access to psychological and social services. ... In determining....
2001 0 Supreme(Guj) 598 • India - Gujarat
M.S.SHAH
for getting alternative accommodation while being evicted. ... Since the petitioners are not eligible for alternative accommodation, the petitioners cannot be given any land out of the 40% of the land in Final Plot No. 200. ... Ineligible persons cannot, therefore, be allowed to take away the land meant for eligible persons, merely by joining a Cooperative Society or association of eligible persons. ... Oza, learned counsel for the petitioner has vehemently submitted that the petitioners who have been residing in the hutments on the land ....
2010 0 Supreme(Ori) 536 • India - Orissa
V.GOPALA GOWDA, I.MAHANTY
It is further stated that IHSDP has provision for Slum up-gradation on the private land of the poor Slum dwellers for resettlement in the Urban Area. ... It is stated that the 149 evicted persons cannot prima facie be said to be belonging to the lower strata of the society on the basis of their annual family income. In support of his case, he has produced the list Annex¬ure-A/1. ... Therefore, the State Government and the CMC shall include the evictees from the aforesaid slum....
2012 0 Supreme(Mad) 4735 • India - Madras
K.K.SASIDHARAN
dwellers, there was no question of considering the case of the Petitioners for grant of Patta. ... The Slum Clearance Board agreed to provide alternative accommodation to the Petitioners. ... The Slum Clearance Board agreed to provide alternative accommodation to the Petitioners. ... Steps are being taken for the purpose of improving the slums and wherever they cannot be improved, alternative accommodation is provided to the slum dwellers, before they are evicted. .......
2006 0 Supreme(Guj) 531 • India - Gujarat
R.S.GARG, M.R.SHAH
If resettlement or rehabilitation proceedings are taken in favour of these persons, then, it would be adding premium upon the wrong ... Court does not ensure benefits to the persons who has some order in their favour - The petitioner have claimed rehabilitation or resettlement ... The petitioners do not have any right under any law except making a submission that they are entitled for their rehabilitation or resettlement ... ... ( 18 ) ONE could understand that in a given case, the plea was that if a person who has been allotted the land....
2000 0 Supreme(Guj) 705 • India - Gujarat
B.C.PATEL, D.M.DHARMADHIKARI
[Para 39] ... It cannot ... slum dwellers, and the alternative site is utilised by the same citizens to whom it is allotted. ... C. on 1-5-1976 shall not be removed without providing alternative facilities to such slum dwellers and as the petitioners are occupying since 1975, they cannot be evicted without providing alternative accommodation. Name of 11 persons who are occupying Survey no. 84/2 is indicated in Annexure a. ... They seek directions for their r....
2014 0 Supreme(Kar) 362 • India - Karnataka
ASHOK B.HINCHIGERI
Even if the show-cause notices were to be issued to the petitioners as to why they should not be evicted from the slum area in question ... the directions issued by the Division Bench - Petitioners were directed to vacate their homes and huts in Jai Bhuvaneshwarinagar slum ... The learned counsel submits that the rehabilitation of the petitioners has to take place in the letter and spirit of the National Rehabilitation and Resettlement Policy, 2007. ... The grievance that the Division Bench has passed the judgment withou....
2002 0 Supreme(Del) 1783 • India - Delhi
SANJAY KISHAN KAUL, DEVENDER GUPTA
The court quashed the policy that required alternative sites to be provided to slum dwellers occupying land before their removal. ... The court quashed the policy that required alternative sites to be provided to slum dwellers occupying land before their removal. ... Acquisition Act - [Land Acquisition Act] - The court examined the legality and propriety of a policy for removal and relocation of jhuggi dwellers ... Thus all unauthorised occupants are liable to be evicted forthwith unde....
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