GS4 · 20 marks · 250 words

You are posted as the Zonal Commissioner of a major metropolitan zone. Within your jurisdiction lies a dense informal settlement (basti) that has existed for over 20 years on land technically reserved for a green buffer and future metro expansion. The settlement, now home to over 800 families, includes domestic workers, sanitation staff, daily-wage laborers, and migrant construction workers, many employed informally across the city. Following a recent Public Interest Litigation (PIL), the High Court has directed the municipal authority to clear all “illegal encroachments” within 30 days. The court has made no mention of rehabilitation, noting only that “no structure with legal title exists.” While the residents have no formal property rights, many possess: • Electricity and water connections are issued by the municipality itself Several NGOs and urban policy experts point out that the land had remained vacant for decades, with no alternative use pursued or development plan executed until the recent PIL. They also raise concerns that no rehabilitation policy has been activated, despite a clear state commitment under its urban housing scheme. The situation is tense: • A local MLA supports immediate clearance, citing "respect for the rule of law and infrastructure development." • Media and civil society are sharply divided; some demand swift implementation, others condemn the potential humanitarian fallout. • Your team awaits instruction. Some suggest delaying until an in-principle rehabilitation commitment is secured. Others urge immediate compliance to "avoid contempt." You are now faced with a critical choice: obeying the court order as is, or seeking space to align legal compliance with ethical obligations. 1. What are the core ethical challenges involved in executing the eviction in this case? 2. How should a public servant reconcile legal mandates with humanitarian obligations in contexts of informal urban settlements? 3. Propose a course of action that respects judicial authority while upholding the values of compassion, fairness, and responsible governance.

Answered by 5 toppers · CSE 2023–2025

Syllabus: Case Studies on above issues.

How toppers approached it

From all 5 answers · about 260 words · 20% drew a diagram.

Opening

  • No separate opening80%
  • A constitutional or legal provision20%

Body

  • Points80%
  • Points and prose20%

Close

  • A summary80%
  • No separate close20%

The toppers’ answers

Pakshal SecretryAIR 8 · CSE 2025 · 263 wordsTheir whole copy

Opening · a constitutional or legal provision

"Right of Slum Dweller to live with dignity is protected under Article 21" - SC in Olga Tellis Case

The above case highlights guidelines by HC to remove encroachment without rehabilitation of affected people

Body · points

Ethical Challenges (1) Protecting life of dignity of slum people. (2) Ensuring compliance to HC order → resistence of people & NGO (3) Ensuring developmental priorities of cities are not delayed. (4) Providing Rehabilitation to the affected people. (5) Judicio activism → court decision without regard to administrative challenges (6) Balancing political fallout of the issue. (7) Challenge to protect state obligation & commitment under urban Housing scheme.

Course of Action (1) First formulate a proper rehabilitation policy for slum people. people of informal colony. (2) Ensure their rehabilitation as soon as possible. (3) File a review to give time for rehabilitation in HC to avoid contempt. (4) Approach SC for extension of timeline highlighting challenges in rehabilitation. (5) Ensure eviction and rehab process as soon as possible. (6) Whole of government approach to ensure implementation of policy at its fastest. (7) Future plans → for other informal colonies also.

The above course balances stakes of all the holders while upholding judicial decision.

Ways to Reconcile (1) Following a human centric eviction process. (2) Proper rehabilitation before any eviction (3) Exploring innovative solution → Jaga Mission (Odisha) → for informal colony (4) Proposal to government to formalise colonies on free & unused lands. (5) Clear and open communication with courts (6) Regular status filing of compliance

Close · a summary

Thus a right Balance (Madhyam Marg) is required to balance the two sides

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