Asha Devi & Ors vs Delhi Urban Shelter Improvement ...
2017 Latest Caselaw 2674 Del

$~31
   IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                      Judgment delivered on: 25.05.2017


+ W.P.(C) 617/2017 & CM Nos.2802/2017 (stay), 4629/2017(stay)

ASHA DEVI & ORS                                                 ..... Petitioners

                 versus
DELHI URBAN SHELTER IMPROVEMENT BOARD & ORS

                                                                ..... Respondents
Advocates who appeared in this case:


For the Petitioner    : Mr. Choudhary Ali Zia Kabir, Advocate

For the Respondents   : Mr. Parvinder Chauhan and Mr. Nitin Jain, Advocates with Mr. Anil
                        Kumar, UDC (Rehab), DUSIB and Mr. C.B. Dwivedi, Sociologist,
                        Survey, respondent No.1.

                       Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh and Mr.
                       Sahaj Garg, Advocates for respondent Nos.2 and 6.

                       Ms. Gunjan Sinha Jain, Advocate for respondent No.2.

                       Ms. Shruthi P., Advocate for Mr. Gautam Narayan, Advocate for
                       respondent No.4.
.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA

                                 JUDGMENT

25.05.2017

SANJEEV SACHDEVA, J. (ORAL)

1. Learned counsel for the respondent No.1 submits that out of 194 Jhuggis that were surveyed, 150 Jhuggis have been found to be eligible and 36 Jhuggis have been found to be ineligible. He submits that 8 of the Jhuggis were not eligible to be surveyed on account of the user for which they were put. He produces a copy of the list of the eligible 150 Jhuggis and 36 ineligible Jhuggis. The list is taken on record.

2. He submits that the persons, who have been found to be eligible, would have to complete the formalities in terms of the policy and the offer of allotment and, only on completion of the same, the allotment would be made. In case the eligible person does not complete the formalities then the consequences in terms of the policy shall follow.

3. Insofar as Jhuggis found ineligible, he submits, that they have a right of filing an appeal before the Appellate Authority and the appeals would be considered in accordance with law.

4. He submits that apart from these 194 Jhuggis, referred to above, other Jhuggis have not been surveyed as, in the present proposal of expansion, they do not come in the right of the way

(ROW).

5. The statement is taken on record.

6. In view of the above, the writ petition is disposed of directing the respondents to take action with regard to the eligible and ineligible Jhuggis in accordance with the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 of the respondent No.1 - DUSIB.

7. It is clarified that in case any of the petitioners have any individual grievance, they would be entitled to take remedies available in law.

8. The writ petition is, accordingly, disposed of.

SANJEEV SACHDEVA, J MAY 25, 2017/'St'