"Clash Over Demolition Drives: Delhi Government vs. Lieutenant Governor"

 "Clash Over Demolition Drives: Delhi Government vs. Lieutenant Governor"

Delhi Government and Lieutenant Governor Clash Over Demolition Drives:

A recent confrontation has erupted between the Aam Aadmi Party (AAP)-led Delhi government and the Lieutenant Governor (LG) over demolition drives targeting slums in the national capital. The Delhi government has accused the LG of ordering the demolition of numerous slum clusters, rendering nearly three lakh slum dwellers homeless since Vinai Kumar Saxena assumed office as LG. However, the LG's office has refuted these claims, calling them "typical and blatant lies" propagated by the Delhi government.

Laws and Legal Context:

The legal framework concerning slum demolitions in Delhi includes provisions of the Delhi Laws Special Provisions Act, 2006, and the Delhi Development Act, 1957. These laws regulate the planning, development, and demolition of unauthorized colonies and slum areas. Additionally, the Master Plan of Delhi, formulated under these acts, provides guidelines for urban development and regularization of unauthorized colonies and slums.

Constitutional Provisions:

The demolition of slums and eviction of slum dwellers must adhere to constitutional provisions ensuring the right to life and livelihood. Article 21 of the Indian Constitution guarantees the right to life and personal liberty, encompassing the right to shelter and adequate living conditions. Article 38 (State to secure a social order for the promotion of the welfare of the people) and Article 39 (c) (Equal justice and free legal aid) also uphold the state's responsibility to ensure social justice and protect vulnerable sections of society.

Case Laws:

Several court judgments have emphasized the protection of slum dwellers' rights and the need for procedural fairness in eviction cases. In Olga Tellis v. Bombay Municipal Corporation (1985), the Supreme Court held that the right to livelihood includes the right to live in a shelter, highlighting the state's duty to provide alternative accommodation before evicting slum dwellers. Similarly, in Chameli Singh v. State of U.P. (1996), the court emphasized the need for a humane approach in eviction proceedings, ensuring that the basic needs of slum dwellers are not compromised.

Conclusion:

In conclusion, the clash between the Delhi government and the LG over demolition drives underscores the complex issues surrounding urban development, slum regularization, and the protection of slum dwellers' rights. Adherence to legal provisions, constitutional principles, and judicial precedents is essential to ensure that the interests of vulnerable communities are safeguarded while addressing urban development challenges sustainably and equitably.