Security concerns: Delhi HC upholds relocation of slum dwellers near PM's residence to alternative location

The Delhi High Court on Monday directed residents of three slum clusters near the Prime Minister’s residence in the Race Course area to vacate the camps within 15 days and move to the alternative location provided by government authorities.

Justice Purushaindra Kumar Kaurav further said that if the slum dwellers fail to comply with the Court's directions, the authorities would be free to take action.

"The petitioners were first served eviction notices on 29.10.2025. Sufficient time has elapsed since then and the petitioners have been aware of the subsequent developments that have taken place during the pendency of these matters. In view thereof, the petitioners shall vacate the present camps within fifteen days from today, failing which, the respondents shall be at liberty to take appropriate action in accordance with law," the Bench ordered.

It observed that the government had taken the policy decision to relocate the residents to an alternative location due to national security concerns, and “the Court ought not to be too eager to interfere” with such actions.

“The Court thus, finds that, considering contemporary geopolitical events, national security concerns of the respondents satisfy as specific reasons for eviction of the petitioners,” Justice Kaurav said. 

The Court passed the directions while hearing petitions filed by residents of Bhai Ram Camp, DID Camp and Masjid Camp, who challenged their eviction and relocation to Savda Ghevra in outer Delhi.

Several residents of the three slums approached the High Court stating that shifting hundreds of families far from their current homes would disrupt livelihoods, education and access to healthcare. They said that many of them work as drivers, domestic workers and labourers in central Delhi and relocation would place their jobs and schooling at risk.

The Central government defended the eviction by citing national security concerns, stating the camps are located next to sensitive military installations near an operational Air Force station

It argued that sewer lines, water supply, parks and roads already exist at the relocation site, while further infrastructure is being developed. The Court was also told that the government has agreed to bear the ₹1.12 lakh beneficiary contribution ordinarily payable by residents under rehabilitation rules, with families given three months to pay maintenance charges.

After considering the case, the Bench acknowledged that the right to shelter and livelihood are protected under Article 21 of the Constitution and are intricately connected to the right to life.  

However, the Court held that rehabilitation itself would not violate constitutional rights if authorities comply with rehabilitation policies and ensured adequate facilities.

Therefore, it directed the government to ensure compliance with the provisions of the DUSIB Policy and the DUSIB Protocol, including with respect to securing education, travel, water and sanitation facilities, etc. for the residents. 

Justice Kaurav said that the petitioners, who have not yet accepted allotment letters for alternative accommodation, shall immediately obtain the same. 

Advocates Pankaj Sinha, Garima and Sunil Tiwari appeared for petitioners Khushnuma Khan and others. 

Senior Advocate Sandeep Sharma with advocates Javed and Kavya Dauk represented petitioners Rakesh Bansal and others. 

Additional Solicitor General (ASG) Chetan Sharma along with advocates Syed Abdul Haseeb, Nasreen Khatoon, Muhammad Aamir Khan, Syed Abdur Rahman, Piyush Gupta, Atishay Jain, Vishesh Goel, Shrey Sharawat and Himanshu Sihag appeared for the Union of India.

Advocates Anuj Chaturvedi, Richa Dhawan and Yashita Jain represented DUSIB.

[Read Judgement]