On May 28, 2025, the Delhi High Court ruled that individuals encroaching on public land cannot claim the right to continue occupying such land while their rehabilitation claims are pending. Justice Dharmesh Sharma emphasized that the right to rehabilitation is not an inherent constitutional entitlement but arises solely from existing policies, and eligibility for rehabilitation is a separate process from the removal of encroachers.

The court dismissed petitions from residents of the Bhoomiheen Camp in Govind Puri, who sought to halt demolition activities by the Delhi Development Authority (DDA) and requested a comprehensive rehabilitation survey by the Delhi Urban Shelter Improvement Board (DUSIB). The court found that the DDA had conducted a survey in October 2019, which was video-recorded and utilized a mobile application to ensure accuracy. Notices about the survey were prominently displayed within the JJ cluster. The court noted that the jhuggis lacked structured numbering assigned by civic authorities, leading to a disorganized layout and making it challenging to locate specific dwellings.

This decision aligns with previous rulings where the Delhi High Court prioritized the rights of lawful residents over unauthorized occupants, especially when encroachments impede public projects or essential services.

sources