Supreme Court Orders Rehabilitation for Evicted Slum Dwellers in Gujarat: Housing is a Human Right, Not a Privilege
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- 16 Apr 2025 --
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In a landmark ruling that strengthens the right to shelter for the urban poor, the Supreme Court of India has directed the Gujarat state government to ensure the immediate rehabilitation of slum dwellers evicted from informal settlements in Ahmedabad and other urban areas. The judgment reinforces the principle that no eviction can be carried out without due process, meaningful rehabilitation, and respect for human dignity.
The verdict comes in response to a series of petitions filed by displaced residents, activists, and legal aid groups following large-scale demolitions of slums situated near railway lines, public land, and infrastructure development zones, often without prior notice or relocation plans.
Case Background: Demolitions Without Rehabilitation
Between 2021 and 2024, thousands of residents across cities like Ahmedabad, Vadodara, and Rajkot were forcibly evicted as part of urban beautification drives, smart city infrastructure projects, and railway expansion work. In many cases:
- Bulldozers arrived without notice
- Residents lost homes, documents, and livelihoods overnight
- Children were displaced from schools
- No interim shelters, compensation, or relocation were offered
These actions triggered widespread protests and legal challenges, culminating in a consolidated plea before the Supreme Court in early 2025.
Petitioners’ Arguments
The petitioners, supported by organizations such as the Housing and Land Rights Network (HLRN) and Human Rights Law Network (HRLN), argued that:
- Evictions were carried out in violation of the right to housing under Article 21 of the Constitution
- Guidelines laid down in earlier judgments such as Olga Tellis v. Bombay Municipal Corporation (1985) were ignored
- There was no compliance with The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
- Children, elderly, and disabled persons were rendered homeless, in direct violation of India’s obligations under international human rights law
- The state failed to implement its own housing schemes, such as the Pradhan Mantri Awas Yojana (Urban) and the Gujarat Slum Rehabilitation Policy
- The Gujarat government must identify all individuals evicted since January 2022 and provide them with interim shelter, basic utilities, and access to public services.
- Evicted families must be provided with permanent housing under existing schemes, within a 10-km radius of their original residence, within one year.
- The Court directed that no future eviction may take place without:
- A 30-day notice
- A public hearing
- Availability of rehabilitation alternatives
- Consultation with local municipal bodies and social workers
- Those evicted without notice must receive compensation for lost belongings and income disruption, especially street vendors, daily wage workers, and domestic workers.
- A court-appointed oversight committee comprising a retired judge, civil society members, and urban planners will monitor compliance and submit progress reports every quarter.
Supreme Court’s Observations and Directions
A bench headed by Justice Sanjiv Khanna and Justice B.V. Nagarathna made strong observations affirming that housing is not a privilege to be earned—it is a basic right, especially for those contributing to the urban economy.
Key Directions:
- Immediate Identification and Rehabilitation
- Permanent Housing Within One Year
- Due Process for Future Evictions
- Compensation and Livelihood Support
- Monitoring Mechanism
Significance of the Judgment
1. Reinforces the Right to Housing as Part of Article 21
The Court reaffirms that shelter is essential for dignity, education, health, and personal security, especially in urban India, where 1 in 6 people live in informal settlements.
2. Ends the Myth of 'Encroachers'
By recognizing that most slum dwellers are long-term residents, voters, and workers, the Court shifts the narrative from “illegal occupants” to rightful claimants of state support.
3. Sets a Precedent for All States
This judgment is expected to guide slum eviction and rehabilitation policy in other states like Maharashtra, Delhi, and Karnataka, where similar disputes are ongoing.
Reactions from the Ground
Slum residents expressed cautious relief, having faced years of insecurity. Meena Devi, a widow evicted in 2023, said:
“They called us encroachers. But we built the city’s homes, cleaned their streets, and raised our children here. This judgment gives us hope.”
Urban rights activists welcomed the ruling, calling it a turning point in India’s approach to inclusive cities.
State Government’s Response
The Gujarat government assured the Court of full compliance and announced the formation of a task force to:
- Identify eligible beneficiaries
- Create interim shelter camps with sanitation, water, and electricity
- Work with central housing authorities to expedite new housing allotments
Officials, however, cited challenges such as land availability, budgetary constraints, and inter-departmental coordination, seeking phased timelines for implementation.
Justice Begins Where Bulldozers Pause
The Supreme Court’s ruling is not just a judgment—it is a message: urban transformation cannot come at the cost of human dignity. Cities may rise on concrete, but they survive on compassion, policy, and fairness.
As India builds its smart cities, it must also build smart justice—where no citizen is invisible, and no one is left behind for the sake of a skyline.
Because a city is not smart until it is just, inclusive, and humane.
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