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Smothering the housing rights of the urban poor -Mathew Idiculla

-The Hindu

A Court order, on Delhi’s slum dwellings, threatens to undo the promise of the right to housing offered in earlier verdicts

In a short order with devastating consequences, the Supreme Court of India on August 31 ordered the removal of about 48,000 slum dwellings situated along the railway tracks in Delhi. A three-judge Bench headed by Justice Arun Mishra, in one of his last orders before his retirement, directed State authorities to remove the jhuggi jhopri clusters in the railway safety zone within a period of three months. Most shockingly, the order stated that “no Court shall grant any stay with respect to removal of the encroachments” and in case any such interim order is granted “that shall not be effective”.

Relying on an affidavit filed by the Railways, the Court observed that there is a “predominant presence” of slums in close vicinity of the 140 km-long railway line in Delhi. It noted that while the National Green Tribunal had constituted a special task force for the removal of encroachments from railway property — “There seems to be some political intervention against removal of such encroachments”. The Court ordered that these “encroachments”should be removed within three months and “no interference, political or otherwise, should be there.”

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