Significance of the Case
In this case, the Court established procedures to be followed prior to and after slum demolitions. In particular, the Court held that the government agency can only clear land when it falls within the public purpose, a survey must be conducted to determine eligibility of relocation prior to demolition with ‘meaningful engagement’ of the residents, and relocation options must be identified to all eligible beneficiaries prior to demolition. The judgment has reinvigorated the debate on the legality of forced evictions and removals in the capital city. Since 2006, at least 200,000 families have fallen victims to illegal demolitions under the guise of city beautification and development. This case has brought together civil society groups working on issues of land rights, homelessness, and discrimination against dalits and other vulnerable groups. The judgment has been disseminated widely and holds great promise for ensuring that State governments enact eviction policies consistent with human rights obligations, and serves as the foundation for numerous subsequent right to shelter petitions filed throughout Delhi, particularly with respect to the language regarding the importance of performing proper surveys of residents, and providing relocation rehabilitation prior to evictions and demolitions.
Last updated on December 2013.