AMNA KHATOON SIDDIQUI & ANR. v. UNION OF INDIA & ORS.
W.P.(C)/13144/2026 · 2026-09-09
Swarana Kanta Sharma
Writ Petition (Civil)body2026
DailyLaw.ai
[ 2026 DAILYLAW 17749 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 17749 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010425942026 + W.P.(C) 13144/2026
AMNA KHATOON SIDDIQUI & ANR.
.....Petitioners
Through: Counsel (appearance not given)
versus
UNION OF INDIA & ORS.
.....Respondents Through: Mr. Ashish K, Dixit, CGSC with Ms. Laavanya Kaushik, GP, Mr. Umar Hashmi, Mr. Ayush, Ms. Khyaati Bansal, Advocates Mr. Anuj Chaturvedi, Ms. Richa Dhawan, Ms. Yashita Jain, Mr. Sahil Bhaskar, Advocates for DUSIB.
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
O R D E R %
09.09.2026 CM APPL. 61078/2026 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(C) 13144/2026 & CM APPL. 61077/2026
3. By way of the present petition, the petitioners are seeking following prayers:
“...a) Issue a writ of certiorari quashing the impugned eviction and demolition notices dated 29.10.2025 bearing Nos. LDO/Enf./15-7(8792)/E-9204739/2025/125 and 126; & the respondents have issued rehabilitation notice dated 19.02.2026 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 17:54:44
bearing No. LDO/Enf./ 15-7(8792)/E9204739 and b) Issue a writ of mandamus directing the Respondents to comply with the procedure and safeguards laid down by the Hon'ble Supreme Court in Re: Demolition of Structures (W.P.
(C) No. 295/2022)...”
4. Issue notice. Notice is accepted by the learned counsels appearing for on behalf of the respondents.
5. The present petition has been filed by the petitioners, who claim to be long-standing residents of Bhai Ram Camp, Masjid Camp and DID Camp, situated near Delhi Race Club. According to the petitioners, many of them have been residing in the said area since the 1980s, while some claim to have been residing there since as far back as 1905. They are aggrieved by the eviction-cum-demolition notices dated 29.10.2025 issued by the L&DO, whereby they have been directed to vacate the premises within a period of 15 days. It is contended that the said notices do not specify any individual violation attributable to the petitioners and have been issued without affording them an opportunity of hearing. The petitioners further contend that the proposed action is arbitrary and contrary to the safeguards laid down by the Hon‟ble Supreme Court in Re: Demolition of Structures. It is also stated that the proposed relocation of the petitioners to Savda Ghevra, situated nearly 49 kilometres away, would adversely affect their livelihood, the education of their children and their existing community ties. The petitioners, therefore, seek quashing of the impugned notices and protection of their rights to life, livelihood and shelter under Article 21 of the Constitution of India.
6. At the outset, the learned CGSC appearing for the UOI, as well as the
learned counsel appearing for DUSIB, has drawn the attention of this Court This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 17:54:44
to the judgment dated 25.08.2026 passed by the Division Bench of this Court in LPA Nos. 382/2026, 391/2026 and 452/2026. The said appeals arose out of the order dated 11.05.2026 passed by the Coordinate Bench of this Court in W.P.(C) Nos. 2943/2026 and 17239/2025, and concerned an issue substantially similar to the one raised in the present petition. It is submitted that the appellants before the Division Bench were similarly placed as the present petitioners and had challenged the eviction notices issued in respect of the very same Jhuggi Jhopri and Basti settlements. The respondents therein, i.e., the L&DO, the Ministry of Housing and Urban Affairs, Government of India, and DUSIB, had submitted that a rehabilitation scheme had been framed for the affected dwellers and that they were proposed to be relocated to flats constructed at Savda Ghevra, situated in the north-western part of Delhi. The eviction notice under challenge before the Division Bench was also dated 29.09.2025, followed by subsequent eviction-cum-demolition notices, as in the present case. After considering the rival submissions advanced on behalf of the appellants and the respondents, the Division Bench, vide its judgment dated 25.08.2026, held that the appellants had failed to establish any illegality or infirmity in the process adopted by the respondents for eviction of the dwellers of the concerned Jhuggi Jhopri and Basti settlements. The Division Bench also considered the contention regarding violation of the Rehabilitation Policy, 2015, which has been raised before this Court as well, and found the same to be untenable. The Division Bench, inter alia, held as follows:
“45. To sum-up, we conclude as under: (i) So far as the submission made on behalf of the appellants relating to violation of Rehabilitation Policy, 2015 in relation to process of eviction is concerned, in view of the discussions already made, we do not find such submission to be tenable; This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 14/09/2026 at 17:54:44
(ii) The appellants residing in dwelling units in these three Jhuggi Jhopri bastis, on their eviction, need to be relocated and rehabilitated in terms of the decision taken by the respondents at the DUSIB Colony at Savda Ghevra, Delhi; (iii) Rehabilitation of the dwellers of Jhuggi Jhopri bastis has to be meaningful, guaranteeing them right to live with human dignity, which is one of the facets of Right to Life enshrined under Article 21 of the Constitution of India, as explained by Hon'ble Supreme Court in various judgments, which have been referred to herein above; (iv) The undertakings given by the respondents and directions passed by this Court as noted in our Order dated 04.06.2026 are to be fully honoured and complied with to ensure that rehabilitation of dwellers of Jhuggi Jhopri bastis takes place in a manner which will make them realise their fundamental right to live with dignity; (v) The process of rehabilitation, to ensure that dwellers of Jhuggi Jhopri bastis are able to lead a meaningful life after their relocation, needs to be consistently monitored and supervised. DIRECTIONS
46. Having regard to the facts and circumstances as discussed above, we issue the following directions: (a) As already observed above, the undertakings given by the respondents which stand recorded in our Order dated 04.06.2026 shall be strictly honoured and followed by them; (b) The directions contained in our Order dated 04.06.2026 shall also be complied with by the respondents in their letter and spirit; (c) The appellants shall vacate their dwelling units in the three Jhuggi Jhopri bastis at B.R. Camp, Masjid Camp and DID Colony within six weeks from today and within this period they shall be settled in the accommodation allotted to them in DUSIB Colony at Savda Ghevra, Delhi, whereafter they shall be evicted to clear the land, if necessary, with the assistance of the police.
(d) DUSIB, in terms of Clause 7(vi) of the Draft Protocol contained in the Circular dated 14.06.2016, shall facilitate transportation of household articles/belongings of appellants to the place of their accommodation. (e) A Monitoring Committee, comprising of (i) Sh. Man Mohan Sharma, a retired Delhi Higher Judicial Services Officer, as its Chairperson, (ii) a high ranking officer to be nominated by Chief Executive Officer, DUSIB, iii) a high ranking officer to be nominated by the Vice Chairman, DDA, (iv) an officer of the rank of Joint Secretary in the Ministry of Housing and Urban Affairs, Government of India, (v) a high ranking officer to be nominated by Chief Executive Officer, Delhi Jal Board, (vi) an officer of the rank of Deputy Director to be nominated by Director of Education, GNCTD and (vii) an officer of the rank of Additional Director, Directorate of Health Services to be nominated by the Secretary, Department of Health and Family Welfare, GNCTD, is constituted which shall consistently monitor and supervise rehabilitation of the dwellers of B.R. Camp, Masjid Camp and DID Colony Jhuggi Jhopri bastis. Notification constituting the Monitoring Committee shall be issued by L&DO forthwith; This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 17:54:44
(f) In case of any difference of opinion amongst the members of the aforesaid Monitoring Committee, the decision by its Chairperson shall be final and binding on all concerned; (g) The Chairperson of the Monitoring Committee shall be paid a remuneration of Rs.1,50,000/- per month by the Department of Housing and Urban Affairs, Government of India. (h) DUSIB shall provide all secretarial assistance to the Monitoring Committee as may be required by its Chairperson. (i) The term of the Monitoring Committee shall be six months from the date of issuance of the notification of its constitution, which can be extended for a further period of two months, if any such need arises; (j) The Monitoring Committee shall regularly meet to monitor and supervise rehabilitation of dwellers of the aforesaid three Jhuggi Jhopri bastis so that the amenities, as observed above, are ensured to them and for the said purpose it shall meet on such intervals as may be determined by its Chairperson.
(k) It will be within the powers of the Monitoring Committee to issue such directions to all the agencies concerned, which may be required and deemed fit for the purposes of rehabilitating the dwellers of Jhuggi Jhopri bastis in a meaningful manner, especially keeping in view the undertakings given by the respondents and the directions issued by this Court, which have been noted in our Order dated 04.06.2026. 47. The impugned judgment dated 11.05.2026 and the order dated 13.05.2026 passed by learned Single Judge in W.P.(C) 17239/2025, W.P.(C) 2943/2026 and W.P.(C) 17326/2025 stand modified to the extent aforesaid. 48. The appeals and pending applications are disposed of in the aforesaid terms.”
7. In view of the above, this Court is of the considered view that the issues raised in the present petition are no longer open for consideration, having already been adjudicated upon by the Division Bench of this Court vide its detailed judgment dated 25.08.2026. Consequently, insofar as the legality of the impugned eviction and demolition notices is concerned, the same already stands considered and rejected by the Division Bench. 8. Furthermore, a Monitoring Committee has already been constituted in respect of the rehabilitation process. The petitioners would, therefore, be at liberty to approach the said Committee with regard to any individual This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 17:54:44
grievance or difficulty that they may have in relation to their rehabilitation or relocation. 9. In view of the above, the present petition is disposed of, along with the pending applications, if any. 10. The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J SEPTEMBER 09, 2026/vc TD
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 17:54:44