The Delhi high court on Wednesday pulled up the Delhi police for not giving warning to the dwellers of Shakur Basti in west Delhi before carrying out the demolition drive. It also termed the action as “just like conducting a raid” against its own citizen whom it needs to protect.
A bench of Justices S. Muralidhar and Vibhu Bakhru said, “This is not a way to deal with your own citizen, without any forewarning you demolished a cluster of 5,000 units. The way of your doing this by stealth speaks of something else like mapping of criminals. The planning appears to be just like conducting a raid.”
The court also said that the police is not only to protect the railways, its primary duty is to protect people of Delhi, whether they stay in jhuggis or in colonies.
The bench also strongly criticised the use of JCB machine being used in the demolition drive and people not being allowed to even collect their belongings.
“Why can’t the belongings be allowed to be collected. Everything is in rubbles now. When the JCB comes, it’s a violent act. Some liability needs to be fixed for using violent force against unarmed people,” the court said.
The railways was also pulled up for not doing the survey before carrying out the demolition drive and not taking appropriate steps for rehabilitation.
The court said, “You do not do the survey. You only do the demolition every two years. Delhi is not unknown to slums. These slums have existed since pre-partition days. You have to address the root cause.”
The railways said that every time there is demolition drive, people move out but again come back to the same place and start residing.
“You can’t protect your own land. Does the railways not have enough funds to fence its own land. How can this happen. You are running so many trains. You should carry out some social responsibility and do a survey, identify the people living in your land and make efforts to make their lives better,” the bench said.
The court was going through a bunch of public interest litigations filed, including that of Delhi Congress president Ajay Maken, who had sought that the railway ministry and the Delhi police should be restrained from carrying out any further demolition drive in Shakur Basti.
The court appointed Delhi Urban Shelter Improvement Board (DUSIB) to carry out the survey and share the finding with the Central government, the Delhi government and other agencies so that relief materials reach the targeted displaced population.
