Delhi High Court Orders Immediate De-Sealing of Disabled Woman’s Home
On 10.5.2024, the Delhi High Court directed the Delhi Urban Shelter Improvement Board (DUSIB) to immediately de-seal the home of a disabled woman in Bina v. DUSIB, WP(C) No. 6566/2014. The court also ordered that the petitioner be reinstated in her residence at JJ Colony, Savda Ghevra, Delhi. The petitioner, Bina, a person with a disability, was allotted a 12.5 sq. meter plot at Savda Ghevra by the Slum & JJ Department of the Municipal Corporation of Delhi (MCD) in 2006 as part of a rehabilitation process. She and her husband had built a one-room house on the plot and had been living there ever since.
In February 2024, DUSIB officials, accompanied by police, visited her home and asked her to vacate the premises, assuring her that she would be allowed back into the property shortly thereafter. Believing these assurances, Bina complied, only to find her house sealed without any prior notice. The action left her and her husband homeless. Bina approached the Delhi High Court, arguing that her eviction and the sealing of her property were carried out without following the due process of law.
The court found merit in her claims, observing: “There is nothing on record to show that the Petitioner was put to any kind of notice for asking the Petitioner to vacate the premises in question.” In its order, the court allowed Bina’s writ petition and directed the respondents to: “De-seal the premises in question forthwith and put the Petitioner back into the possession of the premises in question.”
This decision underscores the importance of adhering to legal protocols and respecting the rights of vulnerable individuals during administrative actions. The case has drawn attention to the plight of many residents of JJ Colonies who face similar challenges in retaining their homes amid redevelopment and administrative processes. The court’s directive to DUSIB provides immediate relief to the petitioner while setting a precedent for safeguarding the rights of marginalized communities in the face of unauthorized evictions.
