The Allahabad High Court observed that it is the responsibility of state to protect weaker sections from any hardship during pandemic in the case of Dev Pal Vs. Ghaziabad Development Authority & Ors.
By: Megha Ravindran, BBA LLB, Nehru Academy of Law.
Chief Justice Govind Mathur and Justice Siddhartha stays demolition of Ghaziabad slum after hearing the PIL regarding dispossession of the residents.
The District Administration, Ghaziabad is continuously making efforts to remove the residents without providing them any compensation for their rehabilitation, as per the Proviso to Section 26-A of Uttar Pradesh Planning and Development Act, 1973 the local administration damaged some houses of the Basti on October 9, to evacuate the residents from there.
Therefore, the present writ petition was filed. The petitioners also claimed a compensation of Rs. 20,000 to every resident and sought complete rehabilitation of all the residents & have urged the Court to call for all relevant rehabilitation policies
As a temporary relief, the court has ordered the authority to provide alternate accommodation, essential conveniences and medical facilities to the displaced slum dwellers and take care of their rehabilitation. The court also directed the State to take action plan for the slum dwellers rehabilitation before the next hearing. The bench also directed the authority to provide place for the residents after providing this only they can demolish their house. The court also issued some instructions:
- The Ghaziabad Development Authority shall not proceed with demolition of the houses situate in Bhovapur Basti till further orders;
The District Administration, Ghaziabad shall provide temporary shelter to the residents of Bhovapur Basti whose houses have already been demolished;
- The Development Authority and the State shall see to the viability of providing houses under the Pradhan Mantri Avas Yojna;
- All necessary arrangements shall be made as a temporary measure by the Ghaziabad Development Authority to provide essential amenities including light and water to the residents of Bhovapur Basti till further orders;
- All necessary medical facilities are also required to be extended to the residents of Bhovapur Basti.
After observing the case Dev Pal v. Ghaziabad Development Authority & Ors, Allahabad High Court observed, “When the entire globe is facing a pandemic, it is the responsibility of the State to protect everyone, more specifically the population of weaker sections from any hardship that may aggravate their plight adversely,”