Encroachers Can't Claim Right To Continue Occupying Public Land Pending Resolution Of Their Rehabilitation Claims: Delhi High Court

The Delhi High Court has observed that encroachers cannot claim a right to continue occupying public land pending the resolution of their rehabilitation claims under the applicable policy.

Justice Dharmesh Sharma said that as such a position would unduly impede public projects, while underscoring that determination of eligibility for rehabilitation is a separate process from removal of encroachers from public land. The bench observed,

"There is no gainsaying that the petitioners have no vested right to seek rehabilitation, as it is not an absolute constitutional entitlement available to encroachers such as themselves. The right to rehabilitation arises solely from the prevailing policy, which binds the petitioners. The determination of eligibility for rehabilitation is a separate process from the removal of encroachers from public land."

The Court dismissed a batch of petitions filed by various individuals seeking a direction on Delhi Development Authority (DDA) to suspend any further demolition work and to desist from carrying out their physical eviction from their respective jhuggi jhopri clusters falling in Bhoomiheen Camp in city's Govind Puri area.

The petitioners also sought a direction to DUSIB to conduct a proper and comprehensive survey of the affected residents and to rehabilitate them in accordance with the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015.

Dismissing the pleas, the Court observed that the measures implemented by DDA in the case were fully in accordance with the guidelines set forth under the 2015 Policy.

It further said that the DDA's position that the October 2019 survey was conducted in the presence of the Jhuggi occupants, was video- recorded, and utilized a mobile application to ensure accuracy, cannot be challenged in the proceedings in question.

The Court also noted that in adherence to the rehabilitation and relocation process, the DDA had carried out a survey of the Bhoomiheen Camp and that a notice was prominently displayed at multiple locations within the JJ cluster, informing individuals about the commencement of the survey.

“Notably, the jhuggis do not have structured numbering assigned by civic authorities, but rather bear arbitrary, self-assigned numbers by occupants, resulting in a disorganized layout. This circumstance makes locating any specific jhuggi by number inherently challenging. This Court finds merit in the plea of DDA that the petitioners' allegation of an improper survey process lacks any basis and goes beyond the pleadings in the instant writ petitions,” the Court said.

Furthermore, the Court observed that the petitioners failed to provide any explanation for their absence from the cluster during the survey period or for their failure to approach the Claims and Objections Redressal Committee to seek inclusion in the survey list.

The Court said that the petitioners had no vested right to seek rehabilitation, as it was not an absolute constitutional entitlement available to encroachers such as themselves.

Justice Sharma concluded that the interim injunctions obtained by the petitioners did not only hindered the timely execution of the rehabilitation project but also resulted in a significant escalation of public expenditure, thereby causing financial strain on the State.

“Even assuming, arguendo, that the petitioners may have plausible grounds to assert a legal right to rehabilitation, a favourable adjudication would at best extend the scope of eligible beneficiaries under the prevailing rehabilitation policy. However, such a contention cannot translate into a right to indefinitely occupy public land or retain possession of their respective jhuggi jhopri dwellings, especially when the removal is in furtherance of a larger public interest and in accordance with due process,” the Court said.

Title: RAM DEV RAI & ANR v. DELHI URBAN SHELTER IMPROVEMENT BOARD & ANR

Citation: 2025 LiveLaw (Del) 631

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