Delhi High Court
South Indian Welfare Association vs Mcd & Anr on 27 January, 2011
Author: Rajiv Sahai Endlaw
*IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 27th January, 2011.
+ W.P.(C) 3745/2008 & CM No.1069/2011 (u/O 1 R-10)
% SOUTH INDIAN WELFARE ASSOCIATION ..... Petitioner
Through: Mr. Arun Vohra, Adv.
Versus
MCD & ANR ..... Respondents
Through: Mr. Mithilesh Kumar, Adv. for Mr.
O.P. Saxena, Adv. for R-2.
CORAM :-
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
1. Whether reporters of Local papers may
be allowed to see the judgment? NO
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported NO
in the Digest?
RAJIV SAHAI ENDLAW, J.
1. The writ petition seeks mandamus directing the respondents MCD
and the Slum & J.J. Department, then of the MCD and since succeeded by
the Delhi Urban Shelter Improvement Board to relocate the members of
the petitioner who were removed from the J.J. cluster known as New
Gandhi Camp, Kailash Colony, New Delhi on 23 rd March, 2006. The
petitioner claims that its members are entitled to relocation in accordance
with the Policy of the Govt. of NCT of Delhi.
2. Notice of the writ petition was issued. No counter affidavit has been
filed by the respondent no.1 MCD. None appears for the MCD today. The
respondent no.2 Slum & J.J. Department has in its counter affidavit inter
alia stated that it carries out a survey to determine the eligibility for
relocation on instructions from the land owning agency i.e. from whose
land the applicants claiming right of relocation are removed. The same
statement was made by the counsel for the Slum & J.J. Department before
this Court on 27th October, 2009 also and it was also informed that the said
Jhuggi Jhopri cluster was removed in pursuance to the directions of the
Division Bench of this Court in a public interest litigation being W.P.(C)
No.8556/2005. It was also stated that land underneath the said cluster
belonged to the General Wing of the MCD.
3. On 21st July, 2010 it was observed that Govt. of NCT of Delhi is a
necessary and proper party and petitioner granted liberty to apply for
impleadment. CM No.1069/2011 has been filed by the petitioner for
impleadment of the Govt. of NCT of Delhi.
4. However in view of the aforesaid position, need is not felt to
implead the Govt. of NCT of Delhi, it being established that the land
underneath the said cluster belonged to the MCD which is already a party
over here. The verification of the claims of the members of petitioner by
the Board cannot be deferred any further awaiting instructions by MCD to
the Board to carry out the said verification. The MCD in any case has not
opposed the claim of the petitioner of verification.
5. In the aforesaid circumstances, the writ petition is disposed of with
the direction to the Delhi Urban Shelter Improvement Board to verify the
claims of the members of the petitioner for relocation in accordance with
the Policy of the Govt. of NCT of Delhi. The members of the petitioner to
appear before the Delhi Urban Shelter Improvement Board along with their
documents at 1100 hours on 24th February, 2011 and thereafter on such
dates as may be necessary. The verification be completed within six
months. Needless to state that such of the members of the petitioner who
are found eligible in accordance with the Policy of the Govt. of NCT of
Delhi shall be relocated.
No order as to costs.
RAJIV SAHAI ENDLAW
(JUDGE)
JANUARY 27, 2011
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