Hon’ble Delhi High Court while dealing with a petition here on 18-03-2019 in the case of “Ajay Maken v. Union of India” stated that the right to housing is a bundle of rights not limited to a bare shelter over one‘s head. It includes the right to livelihood, right to health, right to education and right to food, including right to clean drinking water, sewerage and transport facilities.

BRIEF FACTS OF THE CASE

This petition was filed on 13th December 2015, by a two-time Member of Parliament from New Delhi, also a three-time member of the Delhi Legislative Assembly, to seek reliefs in relation to the forced eviction of around 5000 dwellers of a jhuggi jhopri basti (JJ basti) 1 at Shakur Basti (West) near the Madipur Metro Station in Delhi on the previous day i.e. 12th December, 2015 originally filed as a Public Interest Litigation.

DECISION OF THE COURT

Hon’ble Court held that the right to housing is a bundle of rights not limited to a bare shelter over one‘s head. It includes the right to livelihood, right to health, right to education and right to food, including right to clean drinking water, sewerage and transport facilities.

Court finally held that if no in situ rehabilitation is feasible, then as and when the Respondents are in a position to rehabilitate the eligible dwellers of the JJ basti and jhuggis in Shakur Basti elsewhere, adequate time will be given to dwellers to make arrangements to move to the relocation site.

Further, the right of the JJ dwellers to raise objections to the 2015 Policy and the Protocol and to seek legal redress, at the appropriate stage was kept reserved.

Read the full Judgement Here-

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