Panna Lal Shahu & Others vs Union Of India & Another
2010 Latest Caselaw 1533 Del

10 & 14
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     W.P.(C) 2859/2007
      RAVINDER & ORS.                 ..... Petitioners
                         Through        Mr. M. Hasibuddin and Mr. Sandeep
                                        Kumar, Advocates.
                  versus
      UOI & ANR.             ..... Respondent
                         Through        Mr. O.P. Saxena, Adv.
                                        Mr. Sanjeev Sabharwal, Adv. for GNCTD.

+     W.P.(C) 9399/2007
      PANNA LAL SHAHU & ORS.            ..... Petitioners
                        Through          Mr. M. Hasibuddin and Mr. Sandeep
                                         Kumar, Advocates.

                   versus
      UOI & ORS.                ..... Respondent
                            Through       Mr. O.P. Saxena, Adv.
                                          Mr. Sanjeev Sabharwal, Adv. for GNCTD.
       CORAM:
       HON'BLE MR. JUSTICE SANJIV KHANNA
           ORDER

% 18.03.2010

Claim made by the petitioner is covered by the judgment of the Division

Bench of this Court dated 11th February, 2010 in W.P.(C) No.8904/2009 titled

Sudama Singh and Others Vs. Government of Delhi and Another and other

connected matters. In the operative portion of the said judgment, the Division

Bench has declared as under:-

"62. It is declared that:

(i) The decision of the respondent holding that the petitioners are on the 'Right of Way' and are, therefore, not entitled to relocation, is hereby declared as illegal and unconstitutional.

(ii) In terms of the extant policy for relocation of jhuggi dwellers, which is operational in view of the orders of the Supreme Court, the cases of the WPC No.2859/2007 Page 1 petitioners will be considered for relocation.

(iii) Within a period of four months from today, each of those eligible among the petitioners, in terms of the above relocation policy, will be granted an alternative site as per MPD-2021 subject to proof of residence prior to cut-off date. This will happen in consultation with each of them in a 'meaningful' manner, as indicated in this judgment.

(iv) The State agencies will ensure that basic civic amenities, consistent with the rights to life and dignity of each of the citizens in the jhuggies, are available at the site of relocation."

The writ petitions are disposed of in terms of the aforesaid directions and

subject to verification etc.

SANJIV KHANNA, J.

       MARCH 18, 2010
       NA




WPC No.2859/2007                                                            Page 2