Delhi HC Refuses to Stay Eviction of Slums Near PM Residence; Cites National Security and Defence Infrastructure

The Delhi High Court has declined to interfere with the eviction of residents from three slum clusters located near Lok Kalyan Marg, citing the proximity to an operational Air Force Station and national security imperatives. The court directed remaining residents to vacate the premises within 15 days and move to alternative accommodation provided by the state.

The primary legal issue centered on whether the eviction of residents from the Bhai Ram Camp, DID Camp, and Masjid Camp—situated near the Prime Minister’s official residence—violated their fundamental rights to shelter and livelihood. The petitioners challenged the relocation to Savda Ghevra, arguing it was too far from their current places of work and their children’s schools. Justice Purushaindra Kumar Kaurav dismissed the plea, ruling that the eviction was necessitated by national security concerns and that the rehabilitation process followed established protocols.

The slum clusters in question are located in a high-security zone immediately adjacent to an operational Air Force Station and the Prime Minister’s residence. In October 2025, the Land and Development Office (L&DO) served eviction notices to the residents. The central government sought to clear the unauthorized constructions to strengthen and secure vital defence infrastructure.

The authorities planned to relocate 717 dwellers to Savda Ghevra. While 192 residents had already accepted allotment letters and 136 had taken possession of new flats, others moved the High Court seeking to halt the eviction or demand in-situ rehabilitation.

The residents contended that the proposed alternative accommodation at Savda Ghevra was significantly far from their current location. They argued that this distance would jeopardize their livelihoods and severely disrupt the education of their children. They sought a stay on the eviction or an alternative that would not displace them so drastically.

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The government maintained that the land belongs to the central government and is currently occupied by the Indian Army and the Indian Air Force. They argued that in-situ rehabilitation was impossible due to the lack of alternative land in the immediate vicinity and the sensitive nature of the “protected zone.” The relocation was framed as a necessary measure for “important public and security purposes.”

Justice Kaurav noted that the residents had been served notices as early as October 2025, providing them with sufficient time to arrange their affairs. Addressing the balance between individual rights and state security, the court observed:

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“The contemporary geopolitical events and national security concerns were the specific reasons for eviction of the petitioners, and [the court] ought not to be too eager to interfere with such executive policy decisions.”

The court further clarified that the right to shelter is not absolute and is satisfied if rehabilitation is provided according to policy. The judgment held that the relocation did not violate fundamental rights as the interests of the dwellers were secured under the Delhi Religious Urban Shelter Improvement Board (DUSIB) policy and protocol.

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Regarding the petitioners’ request to halt the process, the court remarked that doing so would be “detrimental” to the interests of the hundreds of residents who had already accepted the new allotments and moved.

The Court ordered the remaining petitioners to vacate the camps within 15 days. Those who have not yet accepted their alternative allotments were directed to immediately obtain their letters and take possession of the flats at Savda Ghevra.

To mitigate the impact of the move, the court directed authorities to strictly comply with DUSIB protocols, ensuring the new site has adequate facilities for:

  • Education for children
  • Water and sanitation
  • Transportation and travel assistance

The court concluded that the relocation process was a balanced approach to addressing critical security needs while upholding the state’s duty to provide rehabilitation.

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