Over 2,000 inhabitants of Gyaspur basti, a jhuggi jhopdi (JJ) cluster scattered across the Yamuna floodplains at Sarai Kale Khan here, stare at a bleak future in the wake of a demolition drive by land-owning agency Delhi Development Authority (DDA).
The residents, mostly cobblers, street vendors, daily labourers and domestic wage workers, have been on the edge since June 23 when the DDA parked 8-9 bulldozers around the JJ clusters and an official demanded the residents to vacate immediately.
Residents of demolished jhuggis in Gyaspur basti use tarpaulin sheets to protect valuables from the rain. | Photo Credit: Soibam Rocky Singh
On June 27, the bulldozers swung into action and razed several dwellings in the cluster. “The bulldozers stopped only because the working hour ended for the day at 5 p.m. Otherwise, most of the houses would have been demolished,” said Sunil, a street vendor, whose house was one among the lucky lot.
The floodplains, the DDA said, form part of an eco-restoration plantation to be undertaken by it as a part of a rejuvenation project.
‘Verbal notice’
The legality of the demolition drive has been called into question as the residents complained they have not received any proper notice apart from the verbal information by the DDA official.
In a landmark judgment of ‘Olga Tellis vs Bombay Municipal Corporation’, the Supreme Court had ruled that eviction of illegal dwellers without issuing notice was against the rule of hearing, which is an important element of the principles of natural justice. The top court had said that eviction without notice will lead to “deprivation of livelihood and consequently to the deprivation of life”.
Shanti, whose jhuggi was one of the first casualties of the demolition drive at Gyaspur Basti, could not stop weeping as she stood near the rubble of her now levelled house. Whatever is left of her belongings is still lying on the floodplains, covered with a blue tarpaulin to save them from rain.
Shanti with her pregnant daughter-in-law and grandchildren. | Photo Credit: SHIV KUMAR PUSHPAKAR
Demolition stayed
A day after the partial demolition of the JJ cluster, the Delhi High Court stayed the exercise till further orders, noting that the documents filed by some of the jhuggi dwellers prima facie show that they are occupying the premises since 2005.
The court observed, “Forced eviction of jhuggi dwellers, unannounced, in co-ordination with the other agencies and without compliance of requisite procedures, would be contrary to law.”
Initially, 33 residents had collectively moved the court against the demolition drive. Later, another batch of dwellers moved an application before the High Court seeking to be made a party in the case and accorded similar protection against forced eviction.
Anil, who works at an adjoining construction site, said his house got demolished even after the High Court had passed a stay order as he failed to add his name on the list of petitioners on time. He is now forced to find shelter for his four children and wife under a makeshift tarpaulin. | Photo Credit: Soibam Rocky Singh
‘No survey yet’
The jhuggi dwellers have urged the High Court for a direction to the Delhi Urban Shelter Improvement Board (DUSIB) to conduct a survey of the jhuggis in Gyaspur Basti in terms of the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015.
Most relocation schemes require proof of residence before a cut-off date. Under the 2015 policy, JJ clusters which came up before January 1, 2006, cannot be removed without an alternative housing arrangement. The jhuggis which came up in such JJ clusters before January 1, 2015, would not be demolished without providing alternative housing.
The DDA, on the other hand, has informed the court that jhuggis in Gyaspur Basti clusters do not form part of the 675 notified-JJ bastis released by DUSIB following a comprehensive survey of the entire city.
Remnants of one of the jhuggi jhopdi clusters at Gyaspur basti after the DDA’s demolition drive. | Photo Credit: SHIV KUMAR PUSHPAKAR
In its reply to the petition, the urban body said satellite maps show that the clusters have not been in existence since 1995, as claimed by some of the dwellers.
“Satellite maps from Google Earth make it indubitably clear that the petitioners have set up a false case. The alleged settlement/cluster is recent and not in existence before the cut-off date and thus, liable to be removed,” the DDA said, adding that the dwellers have failed to show “continuous possession” of the sites.
Bleak future
Most dwellers fear that they might never get a chance of finding an alternative accommodation under the government’s rehabilitation policy. They have pinned their hope solely on the ongoing litigation in the High Court.
Three generations — Ramwati, her son Ompal and grandson — are taking shelter under a tarpaulin sheet. With nothing left of their house, they can only wait for the High Court decision. Meanwhile, Ramwati’s grandson has turned his father’s vegetable cart into a temporary bed. | Photo Credit: Soibam Rocky Singh
Ramwati, who is in her 70s, said she has spent most of her life at the basti. “My grandsons were born here. They have demolished all my belongings. We are hopeful that the court will come to our rescue,” she said.
Sunil said the three JJ clusters have over 200 jhuggis with about 2,000 dwellers. “Most families live here because of their financial condition. Everybody has aspirations. I have seen families moving out of the basti once they get better employment or business opportunities.”
“We have been living here for over two decades. Why are the authorities acting just now. They should not have allowed us to settle here for all these years,” said Sunil.
