Delhi High Court was hearing a plea by a woman jhuggi dweller whose appeal had been rejected by the Delhi Urban Shelter Improvement Board’s appellate authority as her name was not in the voter list of 2009 and 2010. The Delhi High Court has recently held that jhuggi dwellers cannot be disqualified from the rehabilitation scheme of the Delhi Government on the ground that their names are not reflected in the electoral roll. A single judge bench of Justice Prathiba Singh in its January 30 ruling held that the Appellate Board of the Delhi Urban Shelter Improvement Board (DUSIB), which was hearing a jhuggi dweller’s plea, had disqualified her only on the ground that her name was not in the “voter list of 2009 and 2010”. Justice Singh referred to a 2017 decision of a division bench of the high court in Udal and Ors. v. Delhi Urban Shelter Improvement Board and Ors., wherein the court held that parties would be permitted to place on record other documents including ration card, school records, driving licence, Aadhaar card etc for being considered eligible for the rehabilitation scheme. Justice Singh thereafter said, “The mere fact that the parties cannot produce the name featuring electoral roll would not be enough for disqualification of jhuggi jhopri dwellers for rehabilitation.” In the present case, the high court observed that in light of the 2017 decision of the high court, DUSIB’s Appellate Board would have to consider all other documents as well before arriving at a conclusion as to whether the woman is entitled to rehabilitation or not. “The woman’s case cannot be rejected merely on the ground that the voter ID card was not produced,” the court said. “The decision of the Ld. division bench is clear and categorical that other documents which may establish residence at the said jhuggi would have to be considered holistically. The purpose of these policies is to ensure rehabilitation and relocation to economically weaker sections and would have to be interpreted in a broader and beneficial manner rather than a narrow and pedantic manner. Accordingly, let the appellate authority under the DUSIB Act look afresh into the petitioner’s case considering all other documents produced by her and take a decision on the same within 4 months,” the high court directed. The high court further said that DUSIB’s appellate authority may also look into and enquire whether the woman’s husband has been allotted any alternative accommodation or not. The high court directed the woman to appear before the appellate authority for a hearing at 11.30 am on February 20, 2023, and further directed DUSIB to pass a “reasoned speaking order” after “giving a proper hearing” to the woman. The high court was hearing a plea by jhuggi dweller Beni, who used to reside in a jhuggi at Kali Bari Marg, G-Point, Gole Market along with her husband and children between 2001 till 2010. Her case was that her husband had deserted her in 2009 and the entire jhuggi jhopri (JJ) cluster was demolished in 2010. She claimed that she was entitled to relocation and rehabilitation as per Delhi government’s policy and she along with other jhuggi dwellers moved the high court in 2011. In its October 2011 order, the high court said that “all such dwellers who were found to be eligible were to be relocated, as per DUSIB’s policy”. Subsequently in 2013, the Delhi government issued ‘Guidelines for implementation of the scheme for relocation/rehabilitation and allotment of flats to the Jhuggi Jhopri dwellers under JNNURM-2013’ (‘JJ Scheme’)’. The woman thereafter applied for rehabilitation under this scheme. The eligibility determining committee held a camp in January 2016 where out of the 85 jhuggi dwellers, only 52 were found entitled to rehabilitation and Beni was declared ineligible. She challenged the declaration of ineligibility before the Appellate Board of DUSIB, which rejected her appeal on the ground that she did not produce the voter ID card for the years 2009 and 2010.