Delhi: The Delhi High Court on Monday ordered more than 350 residents living in three slum clusters near the Prime Minister’s residence in the Race Course area to vacate the settlements within 15 days and relocate to alternative accommodation at Savda Ghera, holding that national security concerns raised by the Centre amid the prevailing geopolitical situation justified the eviction.

Court says rehabilitation does not breach fundamental rights

The direction was issued by a bench headed by Justice Purushaindra Kumar Kaurav while hearing petitions filed by residents of Bhai Ram Camp, DID Camp and Masjid Camp challenging their proposed relocation.

In its 26-page ruling, the court acknowledged that the rights to shelter and livelihood are intrinsically linked to the right to life guaranteed under Article 21 of the Constitution.

However, the bench observed that eviction followed by rehabilitation at an alternative site would not amount to a violation of these rights if the interests of residents were protected in accordance with the Delhi Urban Shelter Improvement Board (DUSIB) Policy and Protocol.

“The court thus, finds that, considering contemporary geopolitical events, national security concerns of the respondents satisfy as specific reasons for eviction of the petitioners,” the court stated.

It further observed that although the petitioners enjoyed fundamental rights to shelter and livelihood, “their mere eviction and rehabilitation at alternative accommodation would not violate the said rights”.

Residents opposed shift to Savda Ghera

The petitioners argued that the relocation process violated the applicable rehabilitation policy because several procedural requirements had allegedly not been followed.

They also contended that authorities failed to provide reasons for relocating them to a distant site instead of offering in-situ rehabilitation.

According to the residents, their families had been residing in the camps for generations and depended on nearby localities for work, including domestic employment and other blue-collar occupations.

They also told the court that their children studied in nearby schools and argued that relocation would severely affect their livelihoods, education and overall right to life under Article 21.

Centre flags security risks near Air Force station

Defending the eviction, the Centre informed the court that the JJ cluster was located within a protected zone adjoining an operational Air Force Station.

The government argued that the current global security environment, marked by heightened threats and the possibility of conflict-like situations, made the existence of unauthorised structures in the sensitive area a serious concern for national security, public safety and the protection of vital installations.

The Centre also submitted that essential civic infrastructure, including sewer lines, roads, parks and water supply, was already available at the rehabilitation site, while further development work was underway.

The court was additionally informed that the government had agreed to bear the ₹1.12 lakh beneficiary contribution usually payable by residents under rehabilitation norms.

Families relocating to Savda Ghera would also be granted three months to pay maintenance charges, authorities told the court.