Court mandates procedural safeguards under DUSIB Policy for eviction and relocation of slum dwellers in Delhi
In a landmark judgment, the Delhi High Court has reinforced the fundamental rights of slum dwellers under Article 21 of the Indian Constitution, which guarantees the right to life, including shelter and livelihood. The judgment, delivered by Justice Purushaindra Kumar Kaurav on May 11, 2026, addresses the eviction and rehabilitation of residents from 'Bhai Ram Camp', 'DID Camp', and 'Masjid Camp' to alternate accommodations at Savda Ghevra, Delhi.
The petitioners, led by Mrs. Khushnuma Khan and Mr. Rakesh Bansal, challenged the eviction notices issued by the Union of India, arguing that their relocation infringes upon their rights to livelihood and shelter. They contended that the proposed site lacks adequate facilities essential for their sustenance, including education and health services. The Court, while recognizing these rights, directed the respondents to adhere to the Delhi Urban Shelter Improvement Board (DUSIB) Policy and Protocol, ensuring that the relocation process respects procedural safeguards and provides necessary amenities.
Justice Kaurav emphasized that eviction must comply with the Supreme Court's guidelines in the case of demolition of structures, demanding individual notices, reasonable time for response, and personal hearings. The Court also acknowledged the strategic importance of the land adjoining military installations, which necessitates relocation under national security concerns.
The judgment further highlights the necessity for the government to provide adequate housing facilities, as outlined in previous Supreme Court decisions like Olga Tellis v. Bombay Municipal Corporation and Chameli Singh v. State of U.P. The Court ordered that the petitioners' rights should be protected and directed the respondents to ensure the availability of essential services at the alternate site. The government is also tasked with easing financial contributions required from the dwellers, with the Union bearing the cost.
This ruling underscores the judiciary's role in safeguarding the rights of marginalized communities while balancing national security and urban development needs. The decision mandates that slum dwellers must vacate their current locations within fifteen days, with the assurance that their new accommodations will meet the stipulated standards.
Bottom Line:
Eviction and rehabilitation of slum dwellers must adhere to procedural safeguards under DUSIB Policy and Protocol, ensuring fundamental rights to shelter and livelihood under Article 21 of the Constitution of India.
Statutory provision(s): Article 21 of the Constitution of India, Delhi Urban Shelter Improvement Board Act, 2010
Mrs. Khushnuma Khan v. Union of India, (Delhi) : Law Finder Doc id # 2895892
