The Land & Development Office (L&DO), of the Ministry of Housing and Urban Affairs, began a demolition drive on July 13 that displaced over 250 families from the area. However, on July 31.

However, on July 31, residents received a judgment from the Delhi HC after an appeal on humanitarian grounds, which granted them two months more to vacate the premises.

However, inexplicably on September 3, 2024, Justice Sanjeev Narula of the Delhi HC ordered a revised date after considering a fresh application by the L&DO. This application argued that the court’s order “has been partly carried out…while a majority of encroachers have already vacated the subject land, some of them, including the petitioners herein, still remain in occupation of the land as they have been granted protection from this Court till September 30, 2024.”

The court has ruled in favour of this argument, asserting that “the affidavits of 104 out of 122 residents have been filed. Accordingly, it is directed that the hutments of the residents whose affidavits have not been filed, will not be protected by the order dated July 31, 2024 as modified.”

In other words, the houses of 18 families may be demolished any day with complete impunity. The remaining 104 will receive time no later than the September 15.

This has put tremendous pressure on the residents, who are mainly from the Dalit community. In an alarming move, they have written an open letter to the President, declaring their desire for euthanasia.

No sign of resettlement

The Khyber Pass Hostel housed personnel from the Ministry of Defence before going into disuse several decades ago. The current residents are the descendants of the service staff kept in the servant quarters. They have been occupying these quarters for 70 years now.

Notably, one resident Mohammed Mobeen (52), who is also the secretary of the Housing Working Committee of Khyber Pass, has been writing to various government departments for decades urging resettlement. Much of the correspondence that these reporters have accessed suggests that there was no official policy and no funds based on which resettlement could be carried out. These letters, exchanged with various representatives of the Delhi Development Authority (DDA), state that the DDA could act to resettle the residents only if the Ministry of Defence provided the resources.

However, after several decades of non-action to relocate the residents, the L&DO, who leased this land to the Ministry of Defence, circulated an eviction notice on March 1, 2024 giving the residents till March 4, 2024 to vacate the premises and begin demolitions.

Petitions filed by the residents halted the drive till July 9, 2024 when the court ruled in favour of the L&DO, calling the residents “rank trespassers” with no claim to resettlement since the Khyber Pass hostels are not recognised as a jhuggi-jhopri cluster by the Delhi Urban Slum Improvement Board (DUSIB). After granting the residents till September 30, to vacate on humanitarian grounds the court has now revised this date to September 15.

“This is not remotely enough time to pack our lives and move, given that our generations have been living here even before independence. The court should have given us at least six months or more,” says Mobeen.

Residents under pressure 

Usha (60), who works at a local NGO and is a resident of Khyber Pass’ Chaurasi Line, is a single mother of four, one of whom is disabled. With the imminent demolition, she is looking for houses to rent in Burari, which will be significantly farther from her workplace. “Wazirabad is closer but nothing is cheaper than Rs 10,000 there,” says Usha.

Sunita* is equally worried about the rents which have increased due to the ongoing demands. “My husband supplies disposable cups to markets and earns between Rs 5000-6000 a month. If the rent is 7-8k then how will we survive?” says Sunita. Most residents here are informal workers who earn anything between Rs. 8000-18,000 per month.

“We have been living on the margins here for more than 50 years, and we are now being evicted by the government even from our own homes,” says Ahmed, another resident. “Refugees from Pakistan are to be given settlement, ration, and jobs. But citizens themselves are being dragged out to die on the streets. The prime minister who calls himself the son of a poor man is having the poor removed from their homes. The L&DO, Ministry of Housing and Urban Affairs, and therefore central government are responsible for our displacement,” adds Ahmed.

A harsh judgement 

Kawalpreet Kaur, a lawyer with the Human Rights Law Network (HRLN), a collective of lawyers and human rights activists that provides pro-bono legal services to marginalised communities, calls the Delhi HC’s decision to not rehabilitate the residents of Khyber Pass, harsh.

“Despite past judgments like in the case of Ajay Maken vs Union of India (2018) and Sudama Singh vs Government of Delhi (2010) that established that slum dwellers have a right to rehabilitation, of late courts have been overriding these precedents. Instead of protecting the constitutional rights of its citizens, the court has started acting like municipal corporations monitoring who is legal and who is not,” says Kaur.

The residents claim that they have been paying electricity bills and voting in the neighbourhood for several decades. “How come we are illegal now and not when the government was providing us facilities?” says Sunita an old resident of the settlement.

Recently, the SC ordered the Uttarakhand government to create a rehabilitation plan for over 50,000 residents who had been living on ‘encroached’ railway land, adjoining the Haldwani railway station. The court argued that while encroachment is an issue, providing humanitarian aid is the state’s foremost responsibility. There too, the residents had been living even before independence.

While DUSIB states that there are only 675 slums in Delhi, the state government’s official estimates from 2012 belie this claim, putting the number at 6343.

Spate of demolitions 

Due to this spate in demolition drives across the city, residents are speculating about the potential use the Khyber Pass land will be subjected to. In 2003, houses in what used to be Durga Basti, located across the street from Khyber Pass, were demolished by L&DO to make way for a Delhi Metro Rail Corporation (DMRC) depot and commercial complex.

for a Delhi Metro Rail Corporation (DMRC) depot and commercial complex. In addition to that initial project, a residential complex has been built by Parsavnath Developers Ltd, and now, after a series of bureaucratic developments, a shopping mall, namely VR Metropolitan, continues to be under construction after decades via the MGF Group.

Some of the residents of Khyber Pass claim to have had tea stalls, other informal businesses, and houses in the erstwhile basti, and claim that they were compensated for its demolition. The aggressive push for the evictions in Khyber Pass Hostel, and yet the refusal for compensation or resettlement, has led to speculation that this land is about to be used for some similar development projects for the more rich in society.

Several young men these reporters spoke with had outbursts of anger against the central government and declared that they will not easily give up their homes. Rajan* a young resident recalled, “They said they will uplift the poor. Now they are destroying our homes for the rich.”

Notably, according to a report published in March 2024 by the Delhi-based advocacy group Housing and Land Rights Network, approximately 2.8 lakh residents in Delhi were rendered homeless due to forced evictions and demolitions in 2023 alone.

*Name changed to maintain anonymity.

(The author. Ankita Dhar Karmakar is an independent journalist based in Delhi and Sidharth Singh is a freelance writer, currently teaching at Ashoka University)

The post As Khyber Pass demolitions get preponed to Sept 15, residents decry decision appeared first on SabrangIndia.

To fulfill Chief Minister #YogiAdityanath’s resolve to vacate the land of #KukrailRiver, the LDA team reached Akbarnagar II at 7 am on Monday. As soon as the LDA team arrived, the entire area was barricaded and sealed. Within no time, five companies of PAC and three companies of… pic.twitter.com/Yv9MGHfQOQ

— Hate Detector (@HateDetectors) June 10, 2024

The operation was reportedly led by Dr. Indramani Tripathi, of the Lucknow Development Authority (LDA). The authorities were accompanied by police officers who conducted a march through the narrow lanes of Akbarnagar, and telling residents via loudspeaker to move into their new homes in Basantkunj and vacate their current residences.

As per Amar Ujala, the LDA has displayed details on a hoarding about the families who have been allotted one or two houses on public hoardings.

According to the Indian Express, the eviction notice served to the residents in December 2023 designated the houses at Akbarnagar as ‘illegal’ and ‘encroachments’ by the standards of the National Green Tribunal (NGT). The eviction drive is reportedly part of the Lucknow administration’s attempt to change the area into a more ‘developed’ area. As per a report in The Citizen, the demolition is part of the Goti River Front Project which is aimed at beautifying the banks of the river. The demolitions in Akbarnagar are part of this beautifying project.

In December, the Allahabad High Court had issued a one month stay on the demolition drive and had directed the Lucknow Development Authority (LDA) to allow residents ‘reasonable’ amount of time to apply for the rehabilitation scheme.

As per a report in Mooknayak, bulldozers had undertaken to demolish some shops in December 21, 2023 itself. The report states that the BJP government in the state is working on construction in the area which has designated about 1200 homes and 102 shops for demolition. Electricity and water facilities were stopped in the area last winter after the demolition notices came, but were restarted once the Allahabad High Court’s judgement arrived. Mooknayak’s report states that over 25,000 people will be affected by the demolitions. According to Hindustan Times, the LDA has allotted houses to those who would be displaced under the Pradhan Mantri Awas Yojana. The Akbarnagar area in Lucknow is said to have a considerable number of Muslim residents. The residents of the area are mostly daily wage earners.

The BJP, and in particular the Yogi Adityanath government in UP, has faced heavy criticism for demolishing Muslims properties over the past two years. They have been called out for reportedly selecting Muslim properties as a means of targeted ‘punishment.’ As per a report by the HLRN, 1.5 lakh houses were felled by demolition drives between 2022 and 2023. This had led to the displacement of over 7.4 lakh people.

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The post Lucknow demolition drives resume a day after central government’s oath taking ceremony appeared first on SabrangIndia.

The area called Jai Bhim Nagar witnessed a brutal demolition undertaken under the supervision of the police and municipal corporation officials. Armed with JCBs, cranes, and other heavy machinery, the officials entered the area without warning and started the demolition of homes.

This operation was conducted in a hasty manner; many residents were unable to save their personal belongings and valuables. Scores of people even reportedly lost their valuable documents in the process as they were not allowed to enter the area.  Many locals have claimed that the demolitions took place due to certain builders, though there is little clarity on the official’s motivations. NCP MLA Jitendra Awhad has asked why private bouncers were present at the demolition.

Furthermore, there have been no resettlement or rehabilitation related arrangements made for the displaced residents. The demolition did not just leave scores of families homeless but also destroyed their personal and essential property leaving them homeless. Indian Express reported that the residents had protested the demolition, and had invoked Dr B R Ambedkar when the police came. The colony reportedly housed over 500-600 ‘jhuggies.’

However, the demolition did not just lead to displaced residents but also saw reports of harrowing violence and arrests. Children and the elderly were especially affected. Several videos circulating on social media have shown police officers beating residents, including children and the elderly. As per reports, about 66 and 75 people have been arrested and detained in Byculla and Taloja jails.

A Government Resolution (GR) issued by the state explicitly mentions that no ‘jhuggi; or house, regardless of whether it is on government or private land, can be demolished between June 1 and September 30 due to the monsoon season.  Despite this clear order, the recent demolition in Jai Bhim Nagar has taken place, leaving many homeless at a time when Mumbai’s weather will also be at its most difficult for displaced people.

The police have justified these arrests by alleging that the people were involved in stone-pelting incidents. However, residents allege that the violence was provoked by goons hired by a builder who had vested interests in the demolition.

Meanwhile, civic officials have stated that the structures were erected illegally and conveyed that the State Human Rights Commission (SHRC) had directed the removal of these structures. According to them, notices were served to the slum-dwellers on June 1.

On June 9th, a peaceful protest was taken out by civil society organisations, activists, and citizens of the Jai Bhim Nagar Powai Rescue Committee at Jai Bhim Nagar to protest what they say are illegal demolitions carried out by the BMC.

They raised three crucial demands which include the demand for resettlement for all residents or the return of land rebuilding their homes. Secondly, they have also asked that compensation be given to the people for the damages caused by the police during the demolition, and lastly, they have asked that all charges against those detained and arrested be withdrawn.

Sabrang India reported, narratives from the ground, saying that they also demand strict action against the MCGM and police officers responsible for the demolition which is violation of the state government’s GR. “We call for an investigation into the role of a builder in inciting violence and hiring private bouncers to act on behalf of the state. If our demands are not met, we will continue our ongoing struggle.”

Related:

 6 victims of demolition get compensation of Rs. 30 lakhs from Assam government

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The post Mumbai: Hundreds of people displaced after demolitions in Jai Bhim Nagar appeared first on SabrangIndia.

Explaining the concept of domicide, Fahad Zuberi in his Indian Express article notes that demolition can be “both constructive and destructive”, but domicide, on the other hand, “is the killing of home”. He continues, “A home is a living breathing ecosystem. It is built of memories, snippets of life’s milestones, and social interactions. Home is a promise of safety, a necessity for dignity and a matter of pride. Home is the place for a family to live and build a future, to aspire and dream…to rejoice in achievements and to mourn and grieve in loss…Home is the basis of identity, a requirement for state welfare, and even a qualifier to be counted by the state. Home is a place to exercise rights, to engage with others in privacy and dignity, the last bastion against societal stigma, and the last space where the right to privacy can materialise. Home, therefore, is alive and hence, home is not demolished. Home is killed.”

Such “killing of homes” in Delhi has been going on since long time, but the matter has exacerbated in the last few years, with significant increase in the number of people affected due to eviction drives in the city. In February this year, the Delhi Forest Department carried out demolition drive on the ‘forest land’ in Tughlakabad and Aya Nagar, ThePrint reported. The drive which began on February 27 and continued the next day, demolished around 25-30 houses. The forest department claimed to have recovered 1.5 hectares of forest land from the ‘illegal’ possession. Many of the residents were served the notices in the evening, and the next day in the morning JCBs started bulldozing their houses, some of them were not even present as their houses got demolished. A resident claimed that they have been living here for 15 years with all the legal documents including Aadhar and electricity bill, and questioned what the forest department was doing all these years?

The Times of India reported that the demolitions carried out over the couple of days in Tughlaqabad, Sangam Vihar, Neb Sarai and Ayanagar was in adherence with the direction issued by the National Green Tribunal (NGT) to free the encroached forest lands, following the NGT order in 2015 in the case of Sonya Ghosh v Govt of NCT and Others.

Similarly, on February 28, the Delhi Development Authority (DDA) carried out demolition in Khajuri Khas, bulldozing the house of Wakeel Hassan, the famous rat-hole miner who along with his team of fellow rathole miners had rescued the trapped labourers from the Silkyara tunnel in Uttarakhand in 2023. The family of Hassan allege that he was targeted because of his Muslim identity. As per the Indian Express report, Shri Ram Colony where Hassan lived featured among the list of unauthorised colonies, but Hassan was quoted as saying, “My house is unauthorised the way the entire colony is unauthorised. The whole exercise is to extort money from me.” He also alleged that no notice was served before razing his house. The demolition suggested that his house was particularly targeted even as some other houses in the colony remained unaffected. Ironically, DDA which was setup with the purpose of providing affordable housing to the economically weaker sections of the society has become of the leading agencies driving wholesale demolitions in the national capital to remove the encroachments and ‘illegal’ structures.

Throughout the month of January 2024, the Municipal Corporation of Delhi (MCD) reportedly carried out a total of 440 demolitions. MCD claimed that it recovered around 70 acres from these demolition activities removing “illegal structures”. The areas where it carried out its operation include Dera Mandi, Bhati, Said-ul-Azaib, Chattarpur, Burari, Jaitpur, and Narela. The same report noted that the zealous demolitions drives were resumed after the temporary ban was lifted on construction and demolition activities under the Graded Response Action Plan (GRAP). Notably, GRAP Stage III is invoked whenever the AQI index goes above 400, and during its stage III enforcement, all construction and demolition activities are completely banned to mitigate air pollution in the city.

On January 30, 2024, DDA demolished one mosque, four temples and 77 graves in Sanjay Van, which are were recorded as illegal structures in the protected Southern Ridge, Hindustan Times reported. DDA also demolished the historic Akhondji mosque as part this drive, which finds mention in Archaeological Survey of India’s (ASI) list under entry no 135, which recorded that the monument was repaired in 1853, much before Sanjay Van or DDA came up, contradicting the agency’s claim about its illegality. Notably, the agency also demolished the house of the grave digger Zakir Hussain in the process, leaving his family without any roof.

On December 21, 2023, MCD demolished around 300 houses near DPS Mathura Road in Nizamuddin, leaving the residents without any shelter in the biting cold of Delhi winters, Indian Express reported. Furthermore, the residents affected due to the demolition found no place in urban shelter homes run by the Delhi Urban Shelter Improvement Board (DUSIB), as the DUSIB run shelter homes refused them entry. A month before, on November 13, 2023, large number of Burari residents were reported protesting against the demolition orders sent by the Land and Building Department, affecting around 1000 families and 4800 individuals, Land Conflict Watch reported. In the same month, New Indian Express noted that the demolition drive carried out against alleged encroachments in a slum cluster near Sunder Nursery at Nizamuddin has rendered over 500 families homeless.

HLRN report notes that most evictions (58.7%) during 2022-23 were carried out under the category of slum clearance/anti-encroachment, followed by 35% of evictions under the category of infrastructure and ‘development’ projects. It further revealed that in “….at least 36 per cent of evictions in 2023 and 27 per cent of evictions in 2022, affected persons belonged to historically marginalized groups, including religious minorities, Adivasis/Scheduled Tribes, Dalits/Scheduled Castes, Other Backward Classes, as well as nomadic and indigenous communities, such as the Gadia Lohars.”

In the backdrop of G20 summit, which was hosted in New Delhi in 2023, thousands of poor residents were further rendered homeless, as the authorities zealously made efforts to clean up and beautify the city. As per the Down to Earth report, nearly 3 lakh residents were affected due to G20 preparations. “The Forced Evictions Across India and G20 Events” report prepared by the concerned citizens forum has said that “The demolitions in Tughlaqabad and Mehrauli are possibly linked to the heritage walks being planned for the G20 delegates. The Tughlaqabad demolitions, one of the biggest, have left more than 2,50,000 men, women and children displaced.” Outlook had reported that in April 2023 “close to 1,000 homes were razed in Tughlakabad claiming that the land belonged to the Archaeological Survey of India”. Similarly, it noted that 600 homes were razed in Moochand Basti, and further evictions were carried out in Mehrauli, Yamuna flood plains, and other areas of NCR region.  The Janta camp located at Pragati Maidan, the venue of G20 summit, and a slum cluster at Dhaula Quan were also demolished as the international delegation would traverse along that route. In June 2023, TheWire reported that 40 families were served notice to immediately vacate from the banks of the Yamuna, without specifying any deadline. As per the Quint, since March 2023, on the directives of the Delhi High, the DDA has carried out multiple demolition drives in the Yamuna floodplains. Reuters in its reportage on G20 induced demolitions in the national capital noted the response of the Union Minister of State for Housing and Urban Affairs Kaushal Kishore as saying that “At least 49 demolition drives in New Delhi between April 1 and July 27 led to nearly 230 acres (93 hectares) of government land being reclaimed”. The Quint on September 7, 2023, published an article citing the parliamentary response of the housing ministry and said that “as many as 13.5 million people live in unauthorised colonies in the national capital”.

Law, Policy and Politics

While most of these demolitions take place under the guise of lawful and legal enforcement to remove illegal structures from the city, the substantive question of rule of law remains unanswered. The courts on their part are seen increasingly reluctant to stop such demolition drives, and even on many occasions directing the agencies to remove ‘illegal’ encroachments. Thus, the agencies often cite court orders or directives as a response when asked about the evictions and demolitions activities, ignoring that on many occasions even a notice is not issued to the affected person before undertaking demolition.

The Delhi Urban Shelter Improvement Board (DUSIB) released the policy in 2015 which notes that in-situ rehabilitation in the form of alternative accommodation shall be provided “to those living in JJ of Bastis, either on the same land or in the vicinity within a radius 5 Km. In case of exceptional circumstances, it can be even beyond 5 Km with prior approval of the Board.” But this protective cover extends only to Bastis and Jhuggies that have come up before 2006 and 2015 respectively. The policy maintains that “JJ Bastis which have come up before 01.01.2006 shall not be removed (as per NCT of Delhi Laws (Special Provisions) Second Act, 2011) without providing them alternate housing. Jhuggis which have come up in such JJ Bastis before 01-01-2015 shall not be demolished without providing alternate housing…”. But the same policy also excludes any Basti or Jhuggi that has come up after the said cutoff dates, it notes, “GNCTD shall ensure that no new jhuggi comes up after 01-01- 2015. any jhuggi comes up after this date, the same shall immediately be removed without providing them any alternate housing.”

Importantly, DUSIB was setup as a response to the Supreme Court judgement in Sudama Singh and Others v. Govt. Of Delhi and Others, which ruled that in the context of the MPD (Master Plan for Delhi), “jhuggi dwellers are not to be treated as „secondary‟ citizens. They are entitled to no less an access to basic survival needs as any other citizen. It is the State‟s constitutional and statutory obligation to ensure that if the jhuggi dweller is forcibly evicted and relocated, such jhuggi dweller is not worse off. The relocation has to be a meaningful exercise consistent with the rights to life, livelihood and dignity of such jhuggi dweller.” The verdict further highlighted the need to undertake proper survey to record the jhuggis spread across the city and said that “…since most relocation schemes require proof of residence before a „cut-off date…If these documents are either forcefully snatched away or destroyed (and very often they are) then the jhuggi dweller is unable to establish entitlement to resettlement. Therefore, the exercise of conducting a survey has to be very carefully undertaken and with great deal of responsibility keeping in view the desperate need of the jhuggi dweller for an alternative accommodation.”

But this progressive judgement lost its force in the face of another Delhi High Court judgement delivered in 2022, which held that “only residents of 675 slums listed by the DUSIB and DDA were eligible for rehabilitation under the 2015 policy”, as per the Article 14 report. This verdict also affected another judgement on the Delhi High Court in Ajay Makan v. Union of India which had provided slum residents with constitutional protections from forced and unannounced evictions, Scroll reported. Furthermore, the aforementioned Article 14 report analysed the DUSIB Act and found that as per section 2(g) of the DUSIB Act, “a settlement may be considered a JJ basti only if it comprises at least 50 houses, making smaller slum colonies ineligible for rehabilitation even if residents meet other eligibility criteria.” Following these developments, courts have increasingly refused to intervene in matters of forceful or summary evictions by the public authorities, leaving the petitioners red-faced. Thus, as a result of these policy and legal developments, poor residents in the city find themselves without any strong constitutional or political recourse, with some lawyers and activists even arguing against going to courts in such cases.

Evictions and Elections 2024

As the Delhi votes on May 25 to send 7 MPs to the Lok Sabha, the lower house of the parliament, many who lost their homes in the demolition drives are disillusioned and lack trust in any political party. Speaking with Indian Express, Renu, a voter from South Delhi constituency, expressed her displeasure and said “When the bulldozer arrived, nobody came to help. Nobody stood with us… so, who will we vote for…We lost our belongings in the demolition. I don’t want to vote for any of them…BJP carried out the demolitions, but the AAP government did nothing. Dealers sold the land to us and we took a loan to buy it. We didn’t know it was government land.”

Another voter, Mustaqim, from East Delhi constituency told the reporter that “Modi ji said ‘jahan jhuggi wahan makaan’. Here there’s no jhuggi, no house. The councillor and MLA (AAP Jangpura MLA Praveen Kumar) helped us with the court case. Now we can only hope…”

Both BJP and AAP touted ‘jahan jhuggi wahan makan’ scheme but the slow implementation of the Centre run PM-AWAS (Urban) scheme under which EWS flats are to be handed over to economically weaker section remains lackluster. Importantly, the issue of lack of funds in the hands of jhuggi dwellers makes even these highly subsidised schemes impractical for many. Therefore, even policies like DUSIB’s “Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015” remains ineffective as it requires eligible beneficiaries to pay rupees 1,12,000 + 30000(maintenance) to avail the benefits of alternative housing scheme.

While the opposition AAP and Congress, which are alliance partners, have criticised the Central Government for the spate of demolitions and evictions, the affected voters remain stoically unhappy that no party stood with it when demolitions took place.

The AAP is yet to release its manifesto for the Lok Sabha Election 2024 while Congress and BJP manifestos find no mention on rehabilitating the jhuggies or preventing demolitions.

[1] https://www.ohchr.org/en/press-releases/2022/10/domicide-must-be-recognised-international-crime-un-expert

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A media report said, during this winter nearly 300 houses were demolished near DPS Mathura Road in Nizamuddin area. A woman Lalita Devi has been quoted here as saying that she also lost her source of livelihood in the same demolition.

While people here are quoted as saying that they have lived here for a very long time, the authorities said that they demolished the homes after consulting satellite imagery which did not show any settlement here in 2006. This is also a new situation when other evidence such as documents with people are not considered and instead satellite imagery is used. The demolition took place without rehabilitation effort so that the people here have become homeless in acute winter.

Five homes were demolished in Khirki Extension area near Malviya Nagar as well. A woman Chandrawati said they had no clue when the demolition would take place, and in fact she was cooking the family meal at the time. This is another case of demolition leading to more homeless people.

It is shocking and distressing that the impact on the health or even survival of people when suddenly thrown out in the biting cold weather mixed with high air pollution conditions was not even considered by the authorities while taking such actions.

If more people are being rendered homeless by such actions, then is the number of shelters for homeless people being increased?

No, says another report. It tells us that one reason why there are so many homeless sleeping out in the biting cold of Delhi is that “in the past one year , several night shelters operated by the Delhi Urban Shelter Improvement Board (DUSIB) have been demolished and also because such shelters are not entirely safe for women and children.”

What is more, this report quotes activists working on this issue as saying that “DSUIB is fighting a case in court to demolish more shelters in Yamuna Pushta here.” As those familiar with the homelessness scene in Delhi know, the Yamuna Pushta has long been known for a high concentration of homeless people.

The existing shelters can’t be properly used by homeless people much in need of these who, particularly many women, prefer to sleep in the open even in the bitterly cold weather rather than go into the shelters. When the concerned reporter further visited the shelters, some of the complaints were confirmed further.

It appears that the survival conditions for the homeless people have been deteriorating even in the capital city where earlier quite a significant effort was made for improvement. One shudders to the think of the conditions in several other cities where this issue has received much less attention. As the Supreme Court had given significant directives for improvement, these should be monitored at the national level to find out to what extent these have been followed in the right spirit.

Meanwhile, to prevent the further worsening of the distressing situation, any further demolitions during the winter should be stopped and clear instructions should be given that even later, demolitions should take place only when these are unavoidable any demolitions that cannot be avoided should be accompanied by a rehabilitation effort.
—
The writer is Honorary Convener, Campaign to Save Earth Now. His recent books include “Planet in Peril”, “Protecting Earth for Children” and “A Day in 2071”. He was earlier associated with a leading programme to help homeless people and contributed several booklets and articles on this subject

Courtesy: CounterView

The post Rendered homeless in Delhi winter, yet ‘no plan’ to increase shelters for the victims appeared first on SabrangIndia.

Urban Development Minister Saurabh Bharadwaj criticised the Centre for its role in the demolition, particularly through the Land and Development Office (LNDO), alleging a “cruel stand” taken in the high court. Bharadwaj further spoke about the Delhi Development Authority’s (DDA) responsibility to rehabilitate the impoverished residents before dismantling their homes.

The petitioners, representing the slum dwellers, had sought a review of a February 18, 2019 order.  However, the Delhi high court dismissed the plea for a demolition in the last week of November. The residents have petitioned that the court had made a mistake in concluding that the jhuggi jhopri cluster was non-existent before January 1, 2006, as they have presented evidence like telephone bills, Aadhaar cards, and election cards that assert otherwise.  The court’s refusal to reconsider its decision has left the displaced community grappling harsh realities and spectre of homelessness in the winter.

According to Hindustan Times, who reported on November 23 that the residents of the slum have requested more time so that they can relocate, “We don’t have a problem with the demolition but the officials need to give us some time so that we can shift our belongings. People should be given space in shelters till they can find another place to stay.” However, these pleas fell to no effect. According to a report by the Observer Post, the demolition arrived as a brutal blow to the residents as it demolished their homes. Many of them have bemoaned how their children’s studies will be ruined by this displacement, amidst other things.

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“Having heard about the atrocities and evictions since this morning, it appears that the G20 event has become an extra constitutional event which does not abide by the rule of law. Such temporary suspension of constitution owing to G20 overturning High court or Supreme Court orders is unthinkable. What should we call it Amrit kaal or rakshas Kaal?” asked jury member Anand Yagnik.

A public hearing addressing the pressing issue of forced evictions in India took place on May 22 at Surjeet Bhawan, New Delhi. Organized by Concerned Citizens, a collective of organisations from varied fields, the public hearing was to shed light on the unjust evictions taking place across the country, particularly targeting farmers, street vendors, waste pickers, and residents of bastis (shantytowns), as part of the preparations for the G20 summit and the beautification of cities. While the glitter, glitz and pride around hosting the G20 has become an exercise of showcasing the “development” story of the regime, the public hearing brought to fore what is carefully omitted, i.e., the brutal saga of bulldozers razing homes to dust.

While G20 is being projected as a “national pride”, it seems the government is prejudiced about its own people, particularly the poor. Jammu Anand from Nagpur said, “A judge recently said there will be a mega event of Civil 20 as part of the G20 process, and hence the people of Nagpur should remain in discipline. This was enough of a signal for the local administration to take measures to save Nagpur’s pride. The Police Commissioner issued a public order that no beggars must be visible in the crossroads. Instead of Gareebi Hatao they are now doing Gareebi Chupao. In Nagpur in the context of the C20 inauguration we saw bastis being hidden with iron sheets with plastic grass on the surface so that they look “green”.

The testimonials spoke of extreme brutality in the evictions on the part of the authorities. Puja from Bela Estate, Delhi said, “We were given three hrs to pack our things which was next to impossible. Many students missed their board exams due to eviction drives on April 29. In a month’s time bulldozers were unleashed on us thrice. They first broke the hand pumps so that we have to leave immediately as one can’t survive without water. Kids had to miss their exams to save their houses. We now live under the flyover.” Abdul Shakeel from Basti Suraksha Manch said, “The Tuglakabad eviction was so brutal, that even those of us who have been working for decades with such evictions, have not seen something of this magnitude. Police surrounded the basti, jammers were installed so that no one could share videos, the phones of activists were snatched, the nearby hotels and shops were shut and the entire basti was razed in two days.” Rajender Ravi said, “It is not just the demolition of their houses; it is also erasing of their histories and all the roots and connections they have had with the space.”

Induprakash said, “On January 31, Horticulture department, for G20 related beautification near Sarai Kale Khan region, the shelter home which is coming in the way should be demolished. Thus an order was issued within a short time and the shelter home was levelled.” Jury member Pamela Philipose said “The aggravated use of bulldozer is absolutely a clear symbol of brutality and cruelty of the state. It is sad to hear how hawkers are seen as encroachers, basti dwellers are seen as illegal and the homeless are considered drug addicts.”

Various testimonies highlighted how the G20 has come as a curse on the livelihoods that are most insecure and precarious. Anand Lakhan from Indore said, “G20 can be an event for them, for us it’s a calamity for the poor. Rahul Verma had a garage in Indore near Nakshatra Garden. His garage was removed as the G20 delegation was to come. He was resettled in an area that had no business prospect for his garage. Such are the realities of “resettlement”. He sank in depression and finally committed suicide.”

Mohammad from Bhuj said, “We were told that because of the G20 new employment opportunities will open up and tourism will improve. Such were the reports in the local papers. But the manner in which evictions and blockades were unleashed in the name of G20, it only spelt doom for the poor. Hawkers in Bhuj even agreed to shut shop for ten days for the delegation’s visit. But when they were back, many were removed within a month.”

Rekha from Bela estate said, “During the pandemic, it is us who gave food, we gave milk, vegetables. And now they are taking our lands and livelihoods away. It is the urban poor who suffer the most when any change takes place in the city.” Reena from Tuglakabad said, “My husband drives an e-rickshaw. Now after demolition there is no electricity. How will he even charge his vehicle? I have been on a hunger strike for 10 days. Am I not being heard just because I am poor?”

Sandeep of National Hawkers Federation spoke of the plight of the hawkers who are losing livelihood in the name of beautification. Some say when guests arrive, we always clean our households. “But does cleaning ever entail throwing the elderly and the most vulnerable out of the house?” He said, “Before G20 never had bulldozers used on street vendors but G20 is witnessing bulldozers on street vendors.” Listening to the attack on the vendor’s livelihoods, Jury member Anand Yagnik asked, if Pradhan Mantri can say he is a chaiwalla, why can’t we sell chai in the streets?

Pruthviraj from Land Conflict Watch said that “India got the G20 presidency in November 2022 and people in Delhi suddenly started getting notices”. He said there are certain patterns that are apparent in the recent demolitions and some are more vulnerable than the other. “While in Mehrauli 700 notices were served, 25 houses were demolished. However in Tughlakabad, around 1500 notices were served and around 3000 houses were demolished as the residents were relatively more vulnerable.” He said in both places the houses/apartments of the relatively more affluent were spared.

Jury member Beena Pallical said, “Even in 2010 during Commonwealth Games they made huge stadiums using 700 crores from SC/ST budget. Even then there were evictions and demolitions. Today, the government has changed, but the situation on ground remains the same.” Tikender Panwar spoke of the obsession of authoritarian leaders with beautification – Napoleon, Hitler and now their descendants here in India. He said that “in the 1990s as land got monetised, the poor were seen as obstacles. So the working class needed to be marginalized in the technocentric model. The poor need to reclaim the city.”

Referring to the testimony of Shah Alam, resident of basti of waste pickers near the Ghazipur landfill, Harsh Mander said that we do not want an India where someone’s house is  burnt eight times and one has to build again from the ashes every time. This must change. The jury members said after analysing the testimonials they will compile a report based on the tribunal within a week. They demanded an immediate end to the G20 related evictions and violence on the poor.

Related:

Aftermath of Demolition Drive in Tughlakabad: Hunger and Homelessness Rife

Tughlakabad Demolition: Dark day for the National Capital as hundreds rendered homeless

Calcutta High Court sets an example, orders Rs. 80,000 compensation for illegal demolition

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Tughlakabad is adjacent to affluent neighbourhoods like C.R Park and Greater Kailash, highlighting the stark inequality that exists not only in human rights reports but also in the lived experiences of its inhabitants.

As reported earlier, the  Archaeological Survey of India (ASI) carried out a demolition drive in the area in the first week of May, leaving thousands of residents here homeless, without providing any rehabilitation. The area’s economic profile indicates that it primarily comprises a working-class community where residents work as domestic help, security guards, street vendors and factory workers. Most women workers work in the nearby area of C.R Park and Greater Kailash as domestic help.

The demolition drive has resulted in homelessness for the residents of the area, who are now facing several other social issues ranging from women’s safety to lack of education and hunger.

Homelessness and Hunger

Two primary issues that have become the talking point being repeated by each community member here are homelessness and hunger. Despite the demolition that has left no trace of homes, the area’s residents have refused to leave. Most of the families here have set up tents in the same place where once their houses stood. Others have started shifting towards the adjacent jungle.

Additionally, the locals report a sharp rise in rent in the surrounding area with at least a 20% -30% rise. Sarita Devi’s tent in the jungle validates this fact. Due to the high rent, she couldn’t afford a house in the surrounding area. She works as a domestic help in CR Park and is now forced to live with her four kids in a tent.

The other woman in the area echoed her concern and other issues, such that landlords prefer to rent properties to families with fewer people. Due to this, Sindhu (31) and her four children are staying in a tent on the debris of their former home.

“They want small families to rent out their properties. If someone with four children approaches the landlords, it’s a straight rejection for them. Also, even if someone rents the property to a large family, the rent is skyrocketing. We can’t afford that much,” she added.

Amid the scorching heat of May in the national capital, the inability to have two square meals a day has become a primary concern for families here in Tughlakabad. Many women reportedly here have been unable to go to work for the past week and have not received any aid or assistance from civil society organisations in the form of food or water. Giving an example of the lack of empathy towards the residents here, Ritu (35) pointed out

“The NGO here is distributing food to the stray dogs, but they can’t see thousands of human beings with hungry stomachs,” she said. Also, the lack of support has been exacerbated by the scorching heat.

“The combination of inflation and high prices makes it difficult to afford food from outside sources. The demolition not only took away our homes but threatened our lives,” she added.

Women’s Safety and the Future of Education

Women’s safety has emerged as a significant concern among the residents who have set up their tents around the nearby jungles. Sarita expressed her fear of drunk men, which has increased since the demolition drive. She is worried about her elder daughter, who is 15 years old and has to leave her at her workplace in CR Park. She moves back and forth between the protest site and the tent during the day, as leaving the tent unattended would result in losing all her belongings.

The fear of women’s safety has been a recurring theme among the residents, especially women. Protesters here also question the PM’s much-used slogan ‘Beti Padhao, Beti Bachao’, which according to them, is nothing but a farce.

Another concern that has been grappling the residents with anger and anxiety is the loss of education that their children are enduring due to the demolition.  Laxmi(40), a mother of three, has worked in the factory for the last nine years. She, along with her family, has been living in the area for the last eight years. She alleged that due to the sudden eviction, she did not get time to collect her belongings and documents of her children.

“I didn’t want my children to work in the factory like me. Now their documents are lying under this debris. The way this eviction took place, it didn’t even give us time to collect the educational documents of my children,” she said.

Since the demolition drive, the locality kids have stopped going to school. Several parents here have received calls from the schools threatening to cancel the admission of their children in case of more absences. The parents can also not provide a stable environment for the children due to the lack of housing, electricity, and water. The loss of education due to this drive also raised some serious questions about the government—commitment towards the right to education.

The residents also questioned the way the drive was organised. According to them, no notice was served to them before the drive. The only notice sent out to them by the ASI was sent in January.

“The officials should have informed them a week or at least 24 hours before uprooting a population of almost 20,000,” added Laxmi.

Speaking with NewsClick, ASI’s spokesperson Vasant Kumar Swarnkar defended the government’s position on how the demolition occurred. According to Mr Swarnkar, the residents were served with a notice in the month of January only and given a time of 15 days to evict the area. He further said the ASI can not harbour illegal construction around archaeological sites.

Regarding providing rehabilitation to the residents, he stated, “Rehabilitation is a matter of the state, and ASI can not comment on the matter of the state.”

Political Class’s Lack of Empathy

It is a point to note that the ruling parties, the Aam Aadmi Party (AAP) in Delhi and the Bharatiya Janata Party (BJP) at the Centre, have not shown much interest in the issues that the residents are facing here. The lack of empathy from their representative was visible in the conversations that were taking place at the protest site. The locals had reported that when they met the local MP Ramesh Bidhuri in January to help them, he accused them of voting for AAP in the local Municipal Corporation of Delhi (MCD) election and used abusive language towards them. NewsClick also attempted to contact Mr Bidhuri at his residence in the same area, but he was unavailable as he had gone to Karnataka for the upcoming assembly election.

However, the Delhi Urban Development Minister Saurabh Bharadwaj from the AAP has suggested that alternative arrangements should be made for the displaced residents of Tughlakabad whose homes have been demolished. Still, no representative from his party has met the victims yet.

Courtesy: Newsclick

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The Bombay High Court has expressed its dismay over the manner in which the Railways dispensed with the factor of rehabilitation after demolition of unauthorised structures, despite Supreme Court directions. The bench of Justices Neela Gokhale and GS Patel, on February 8, restrained the Railways from carrying out any further demolition before the next date and were displeased that the Railways did not see that the problem was  of human displacement which sometimes is beyond one’s imagination. “It has to be addressed in a more considered fashion than by merely deploying bulldozers on the site,” the bench said.

At the Supreme Court as well a case against demolition played out today but by the time the case came up for hearing, the demolition of a night shelter had already taken place. Senior Advocate Prashant Bhushan first appeared before the bench led by CJI DY Chandrachud and mentioned that the demolition of the Sarai Kale Khan Night Shelter was about to take place. The bench allowed him to mention the matter before a bench of Justices Dipankar Dutta and Hrishikesh Roy. When he approached the bench a hearing had already commenced and by the time the hearing ended, the demolitions had already taken place. When the bench was informed, the bench said that since the urgency element had ceased, they will consider the question of rehabilitation at the next hearing, scheduled for February 22. The bench allowed Bhushan to file a fresh application before the next date.

Bombay High Court

The high Court in its order stressed upon the directions given by the Supreme

In Utran Se Besthan Railway Jhopadpatti Vikas Mandal Vs. GOI (SLP (c) Diary No 19714/2021), the Supreme Court in its order dated December 16, 2021 had given it strong opinion on Railways evading rehabilitation for illegal occupants of Railway land. The court had pointed out that the Railways could have used it resources to safeguard its property and yet it allowed such illegal occupation and thus held the Railways equally responsible  for the situation; “and for which reason, it is also equally liable to provide some support to the persons likely to be affected by the removal of their structures.” The Railways had tried to brush off the pleas for rehabilitation as not its liability and  said that “the primary responsibility to ensure that no encroachment takes place on any property is that of the local Government and also of the State Government, in equal measure.”

In a following order dated July 14, 2022 the court was informed that the Western Railway property and in relation to the Surat Municipal Corporation had been cleared. The court was also informed that the eligible claimants will be accommodated/ rehabilitated as per the Prime Minister Awas Yojna Scheme.

The Supreme Court had issued the following directions:

• For land owned by Railways where there are illegal occupants, notice to vacate be given 6 weeks in advance and within 1 week (from the date of the order i.e. December 16, 2021)

• Before commencing the process of eviction and removal of the structures, the Collector of the concerned District must ensure that necessary details about the names and number of persons occupying the concerned structure, including their identity and profile should be duly recorded, 

• In a following order dated July 14, 2022 the court was informed that the Western Railway property and in relation to the Surat Municipal Corporation had been cleared. The court was also informed that the eligible claimants will be accommodated/ rehabilitated as per the Prime Minister Awas Yojna Scheme.

• The High Court then pointed out that a notice for demolition was issued, but no rehabilitation scheme was mentioned.

• Western Railways as well as the local government and State government to be jointly and severally liable to pay a sum of Rs. 2,000/- per month per demolished structure for a period of six months from the date of demolition to each family

• If the local government has a rehabilitation scheme, the affected persons may apply for being rehabilitated under the said scheme, if eligible and subject to verification of eligibility. The local Government may provide them suitable residential accommodation in lieu of rehabilitation owing to demolition of their structure.

• In absence of rehabilitation scheme, persons likely to be affected by the demolition, can apply for allocation of residential premises under the Pradhan Mantri Awas Yojna Scheme, which application be processed not later than six months from the date of its receipt

• The eligible persons are allotted accommodation wherever available in the same or even in neighbouring districts.

• since the Railways have power to initiate civil/criminal action against the unauthorized occupants on the Railway property, must resort to those proceedings against the concerned persons immediately after it is brought to the notice to the concerned official of the Railways

The Supreme Court order dated December 16, 2021 may be read here:

The High Court then pointed out that a notice for demolition was issued, but no rehabilitation scheme was mentioned and the above directions were not followed by Western Railways till date.

“These are not even notices under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. They are simply eviction notices.” (para 4)

The court also said that it was unclear whether the Western Railways had taken up the matter of rehabilitation with the local government which could be either the BMC or the Mumbai Metropolitan Region Development Authority (MMRDA).

The court sought to know whether Western Railways, MMRDA and MCGM have in place any rehabilitation policy or system, and what the eligibility criteria are for the same.

The court further said that labelling the illegal occupants was not enough.

“Throughout, we bear in mind that merely labelling these persons as “encroachers” is not going to answer the problem. This is a serious problem in the city and it is a problem of human displacement. Sometimes, the scale of the displacement is beyond the imagination. It has to be addressed in a more considered fashion than by merely deploying bulldozers on the site.” (para 7)

The court also expressed its displeasure over the demolition report dated February 7 which stated that the debris generated after demolition and unserviceable released material was dumped in a low lying area as the court presumed that it will get washed into the Arabian Sea. The court also noted that the report did not indicate whether any survey was done of the 101 unauthorized structures which were demolished. “In no sense is this in keeping with even the letter, let alone the spirit, of the Supreme Court orders referred to above,” said the court  (para 9)

The then directed,

“No further demolitions are to be carried out until the next date in contravention of the Supreme Court order anywhere on Western Railway lands in Greater Mumbai.” (para 10)

The court listed the matter for March 1, however noting the anxiety of the railways regarding the long gap in hearing and the embargo on demolition, the court gave liberty to the Railways to mention the matter for an earlier date with notice to the petitioners and other respondents as well.

The Bombay High Court order may be read here.

Related:

UP: Demolition drive goes awry, mother daughter burnt alive

Jammu and Kashmir on Edge as Fear of ‘Eviction’ Haunts Residents

Disturbing images emerge from Srinagar as people protest the ongoing demolition drive

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The Karnataka High Court has held that it is the duty of the state to protect people’s right to shelter and directed the state government to reconstruct huts of migrant workers that were burnt down by unidentified miscreants during the lockdown.

The order was passed by a division bench comprising Chief Justice Abhay Oka and Justice S Vishwajith Shetty while hearing a suo moto petition which was filed after taking cognisance of a letter petition filed by Advocate Vaishali Hegde. The court has directed the State government to file a compliance report by February 6, 2021 and stated that the state government may take assistance from NGOs for reconstruction of the huts. The case will next be heard on February 11, 2021.

The court has directed the state government to construct the structures at its own cost for the affected families who had left for Kalaburgi due to the lockdown announced in March.

The bench observed, “The State government remained passive for a long time and made no effort in order to take action against miscreants who destroyed the structures/huts. Houses were erected on lands vested with the state government, therefore in our view prima facie, the state failed to uphold Fundamental Rights, governed under Article 21 of Constitution,” reported LiveLaw.

The court pointed out that there were quite a few such incidents where such hutments or shanties were burnt down after the lockdown was announced and until the court intervened the state did not make any attempt to compensate the affected persons.

The court also placed reliance upon a Supreme Court judgment Chameli Singh vs State Of U.P and held that “Right to shelter guaranteed by Article 21 of Constitution of India of these families who were staying in the huts was clearly violated… “State was duty bound to protect the Right to shelter available to affected families guaranteed under Article 21 of the Constitution.”

Although the court clarified that the structures constituted encroachment on government property and the concerned authorities are free to take action of removal of the reconstructed structures as the court is not creating any equity for the affected families.

“As far as possible reconstructed structures to be built at the same place where they were destroyed. After completion of reconstruction houses shall be allotted to affected families by the state government. The bench also has directed the state to complete the process of distribution of compensation of Rs 14,100, in relation to identified families, within 3 weeks from today,” ordered the court, as reported by LiveLaw.

In June, the bench had directed the state government to pay compensation and to rehabilitate the migrant workers who lost their huts to the incident.

The complete order may be read here

Related:

Karnataka HC takes cognizance of migrants’ huts burnt down in East Bengaluru

Homes of migrant labourers burnt down my miscreants in Bengaluru

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