Delhi High Court
Ram Bahadur & Ors. vs Government Of Nct Of Delhi & Ors. on 22 December, 2016
$~7
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 22.12.2016
+ W.P.(C) 12027/2016
RAM BAHADUR & ORS. ..... Petitioners
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Advocates who appeared in this case:
For the Petitioners Mr. Aditya Gaur and Mr Sunil Sagar
For the Respondents Mr Sanjoy Ghose and Ms Pratishtha Vij,
Advocates for GNCTD.
Mr Apurb Lal and Ms Meenu Pandey,
Advocates for R-3.
Mr Parvinder Chauhan, Advocate for R-
2/DUSIB.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
22.12.2016
SANJEEV SACHDEVA, J. (ORAL)
CM No.47445/2016(delay in re-filing the writ petition)
For the reasons stated in the application, the application is
allowed.
The delay in re-filing the Writ Petition is condoned.
W.P.(C) 12027/2016 & CM No.47444/2016(interim relief)
1. The petitioners, by the present petition, seek a direction to the
respondents not to dispossess the petitioners or demolish their
residences situated at Noor Nagar-II, Jamia Nagar, Okhla, New Delhi-
110025.
2. Learned counsel for the respondent/Delhi Urban Shelter
Improvement Board (DUSIB) submits that DUSIB is conducting a
survey to determine the persons eligible for the purposes of
rehabilitation and certain documents have been collected, which are
under examination. He submits that once the survey is completed and
the list of eligible persons is finalized, the same would be displayed
and time would be granted to persons found ineligible for filing
objections. Once the objections are disposed of, only then the process
of shifting and demolition shall take place.
3. Learned counsel for the respondent No.2 also submits that the
survey is being conducted at the instance and request of the Jamia
Millia Islamia University/respondent No.3. He further submits that
DUSIB would be shortly issuing a notice calling upon all individuals
claiming relief of rehabilitation, who have not earlier submitted
documents, to submit their documents and thereafter eligibility
determination shall be carried out.
4. Learned counsel appearing for respondent No.3 submits that
action for removal would be taken in accordance with the policies
after the surveys is completed by DUSIB.
5. Learned counsel for the petitioners submits that the petitioners
have not been permitted to submit any documents.
6. Since the stand of DUSIB is that they shall be issuing a notice
calling upon all individuals claiming relief of rehabilitation, to submit
their documents, the petitioners are permitted ten days time to furnish
all the relevant documents with the respondent No.2 - DUSIB.
7. On receipt of the documents, the DUSIB shall carry out
physical survey and scrutiny of the documents in accordance with the
policy and determine the eligibility of the petitioners, in accordance
with law. It is clarified that there shall be no obstruction to the
physical survey to be carried out by the DUSIB.
8. Since the respondents are stating that the eligibility
determination, in terms of the policy of rehabilitation, is underway
and prior to eligibility determination, action of shifting and demolition
shall not be undertaken, it is directed that no action of physical
eviction/dispossession of the petitioners, from their residences at Noor
Nagar-II, Jamia Nagar, Okhla, New Delhi-110025 shall be undertaken
till the process undertaken by the DUSIB is completed in terms of the
policy of rehabilitation.
9. It is clarified that in case any of the petitioners are aggrieved by
the eligibility determination, they would be entitled to take recourse to
such remedies as are available in law.
10. The petition is disposed of.
11. Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
DECEMBER 22, 2016/Sn'
