Delhi High Court
Uttar Pradesh Bihar Naagrik ... vs State Of Nct Of Delhi & Ors. on 10 August, 2011
Author: Sanjiv Khanna
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Writ Petition (Civil) No. 11150/2009
% Date of Decision: August 10, 2011
Uttar Pradesh Bihar Naagrik Parishad ....Petitioner
Through Mr. A.K. Mishra, Mr. Ajay Tiwari, Advs
VERSUS
State of NCT of Delhi & Ors. .....Respondents
Through Ms. Megha Bharara, Adv. for
Ms. Ruchi Sidhwani, Adv. for
Respondent No. 1.
Mr. O.P. Saxena for DUSIB.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
SANJIV KHANNA, J.
Uttar Pradesh Bihar Naagrik Parishad has filed the present
Public Interest Litigation for removal/shifting of pig shelters/huts
situated at 30 Block, Trilokpuri, Delhi and for construction of a
Community Hall on the said land after removal of the pig shelters/huts.
2. Trilokpuri is a re-settlement colony which came into existence in
the year 1976. Pig shelters/huts were developed in Block 30, Trilokpuri
by Delhi Development Authority.
3. During the last more than 30 years, Trilokpuri has become thickly
populated due to urbanization. The area is no longer scantily populated
but today it is a well lived in residential colony. With the passage of
time, the pig shelters/huts have created problems due to unhygienic
conditions created by them which is hazardous to the health and life of
the residents. It is pointed out that the piggeries have become a
nightmare specially during monsoon. This is clearly reflectable in the
photographs which have been placed on record. It appears that these
piggeries are breeding ground for diseases.
4. As per the Master Plan for Delhi 2021, piggeries are only
permitted in green belt and agricultural land. Some other restrictions/
stipulations are also provided.
5. Keeping in view the aforesaid facts vide order dated 26th August,
2009, Slum & JJ Department, MCD now known as Delhi Urban Shelter
Improvement Department, was directed to file a plan for re-location of
pig-shelters/huts, within a period of six weeks. MCD by order dated
21st October, 2009, was directed to conduct survey after ascertaining
the original allottees and the present occupants/owners of the
piggeries. In the subsequent order dated 25th November, 2009, it was
recorded that the pig shelters were found to be in a dilapidated
condition and it was also noticed that most of the original allottees
were no longer there and third persons have been unauthorisedly
inducted. DDA was directed to file an affidavit suggesting measuring
for relocation of the piggeries in accordance with the Master Plan of
Delhi, 2021.
6. However, MCD and DDA were unable to resolve the problem
regarding issue of relocation of the piggeries. By order dated 8th
December, 2010, it was directed the MCD and DDA shall hold a meeting
in the office of the DDA and submit a joint report. Thereafter, a joint
report was filed in this Court and it was pointed out that a new site has
been selected to shift the piggeries to a village in Ghazipur, NH-24,
Delhi.
7. Thereafter, the following order was passed on 30th March, 2011:
"Mr. R.K. Bali, learned counsel appearing for the
respondent Nos. 4 to 23, who are the affected parties, has
submitted that they have no objection to move to the
alternative site at Ghazipur. Ms. Shobhana Takiar, learned
counsel appearing for the Delhi Development Authority
has submitted that the land is to be allotted by the Delhi
Urban Shelter Improvement Board. Mr. O.P.
Saxena, learned counsel for the Board has submitted that
the Board as no objection to give the alternative site but
the DDA is insisting for payment. Needless to say, after
the affected parties leave the land, the same will come to
the Board. Thus, the Board can discuss with the
authorities of the DDA for exchange of land
so that the controversy can be put to rest and the
pollution can be avoided.
Let the authorities of the Board and the authorities
of the DDA discuss the matter and try to arrive at a
solution by the next date of hearing.
Call on 11th May, 2011."
8. On 11th May, 2011, the case was adjourned to 2nd June, 2011 and then
to 10th August, 2011 to enable the respondents to take further steps.
9. In view of the aforesaid development we are not inclined to keep the
writ petition pending and directions are issued to respondent Nos. 1 to 3 to
take steps for shifting of piggeries to the new location within a period of four
months from today. Any inter-se issues or disputes between respondent
Nos. 2 and 3 will be resolved by having a joint meeting and in case they are
not able to resolve the dispute, meeting will be held between the Director of
Delhi Urban Shelter Improvement Board and the Vice-chairman, DDA.
Allotment of piggeries at the new site will be made in terms of the policy
decision by the respondents. The land owning agency will decide how to use
the land which will be available after the piggeries are shifted.
10. The writ petition stands disposed of accordingly.
SANJIV KHANNA, J.
CHIEF JUSTICE
August 10, 2011
kkb
