Model govt should deal with people humanely, SC says while stopping demolitions of shanties

"When you deal with them, as a model government, you can't say you won't have a policy and simply throw them away. You're dealing with families," Apex court noted

The Supreme Court on Monday stopped the demolition of around 200 jhuggis (shanties) at Sarojini Nagar area in Delhi, saying a model government should take the humane approach as fundamental rights are involved in such matters.

The top court said no coercive action will be taken by the authorities till the next date of hearing, and scheduled the case for hearing next Monday.

A bench of Justices K M Joseph and Hrishikesh Roy sought the central government's response to the slum dwellers' plea filed by a minor, Vaishali through advocates Nitin Saluja and Aman Panwar, that there shall be no demolition without proper relief and rehabilitation plan.

Senior advocate Vikas Singh, appearing for the residents of jhuggis, submitted that some scheme should be there to rehabilitate nearly 1,000 people, which includes school-going children.

"They cannot be asked to vanish in the air," he said.

Additional Solicitor General K M Nataraj, representing the Centre, contended that somebody, who has taken over government land and got enrolled as a voter, cannot get a right to stay.

A counsel, representing the Delhi government, submitted that the people should be protected.

The bench, however, noted that the government notice said that 'hand over the land to the government'. The whole idea is that they have been residing there and the government should deal with people humanly, it said.

"When you deal with them, as a model government, you can't say you won't have a policy and simply throw them away. You're dealing with families," the bench added.

Nataraj submitted that relief can be given to the petitioners, but they cannot espouse the cause of everyone in the garb of a PIL.

The bench, however, citing a Delhi High Court judgment, said that each jhuggi person has the individual right, which goes to the fundamental rights.

Three of the petitioners here are minor school-going children, and residents of the slums. Two of them have to appear for Board exams commencing from April 26.

The matter before the top court arose out of the April 19 decision by a division bench of the Delhi High Court which declined to interfere with a single judge's order and also declined to consider relocation or rehabilitation of slum dwellers residing in jhuggis of Sarojini Nagar.