Bhovapur Basti is a Slum situated in Ghaziabad. It comes under the purview of the Ghaziabad Development Authority.
In the Basti aforesaid, labourers coming from different parts of the country are residing. Some of the labourers are doing in the occupation of rag-picking.
As per the petitioner, the District Administration, Ghaziabad at the instance of Ghaziabad Development Authority is continuously making efforts to remove the residents of the Basti aforesaid. But without providing them with any alternative land for their rehabilitation.
Petitioner said that on 9.10.2020, some of the houses of Bhovapur Basti were damaged.
As an effort was made to evict the residents from the Basti aforesaid. So, apprehending complete demolition of houses in the Basti, a PIL has been filed before Allahabad High Court.
Learned Counsel for Petitioner informed the court that about 150 houses have already been demolished. The residents of Basti have no place to live and they just sitting in open sky.
It was submitted that residents of Basti cannot be evicted without making arrangement for an alternate place of accommodation under the Proviso to Section 26-A of the Uttar Pradesh Planning and Development Act, 1973.
State Government took the plea that the action is taken in compliance of High Court’s order dated 22.09.2015 passed in PIL No. 2014 of 2015.
Responsibility of the State to protect everyone
The Division Bech comprising Hon’ble Chief Justice Govind Mathur and Hon’ble Justice Siddharth Varma observed:
It would also be appropriate to state that 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.
Court Issued following Interim Directions:
(i) The Ghaziabad Development Authority shall not proceed with demolition of the houses situated in Bhovapur Basti till further orders;
(ii) The District Administration, Ghaziabad shall provide temporary shelter to the residents of Bhovapur Basti whose houses have already been demolished;
(iii) The Development Authority and the State shall see to the viability of providing houses under the Pradhan Mantri Avas Yojna;
(iv) 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;
(v) All necessary medical facilities are also required to be extended to the residents of Bhovapur Basti.
Title: Dev Pal vs Ghaziabad Development Authority
Case No. PIL NO. 1185 of 2020
Coram: Hon’ble Chief Justice Govind Mathur and Hon’ble Justice Siddharth Varma
Date of Order: 21.10.2020