Delhi High Court
Rahees Ahmad vs East Delhi Municipal Corporation ... on 5 February, 2018
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7400/2016
% Date of Decision: 5th February, 2018
RAHEES AHMAD ..... Petitioner
Through : Mr. Arvind Kumar Shukla,
Mr. Nihal Ahmad and
Mr. Alok Shukla, Advs.
versus
EAST DELHI MUNICIPAL CORPORATION OF
DELHI & ORS ..... Respondents
Through : Mr. Ajjay Aroraa and
Mr. Kapil Dutta, Advs. for
R-1/EDMC.
Ms. Mini Pushkarna,
Standing Counsel for R-
2/DUSIB.
Mr. Dhanesh Relan,
Standing Counsel for R-
3/DDA.
Mr. Satyakam, ASC for R-
4/Delhi Police along with
Insp. Vijay Kumar, PS Nand
Nagri.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
GITA MITTAL, ACTING CHIEF JUSTICE
1. Ms. Mini Pushkarna, ld. Standing Counsel for the DUSIB
has prayed for leave to handover an additional affidavit dated 3rd
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February, 2018. Copy thereof has been furnished to ld. counsel for
the petitioner. Let the additional affidavit be taken on record.
2. The instant writ petition was filed by the petitioner, who is a
resident of G-4 Block, House No.35, Sunder Nagri, Delhi - 110
093 since 1999. It is complained that the land which was
earmarked for G-4 Block, Sunder Nagri was illegally encroached,
to which the authorities, including the police and the municipal
authority, have completely turned a blind eye. The petitioner has
made several representations in this regard including those dated
4th July, 2012; 11th July, 2012; 15th December, 2014; 22nd March,
2016 and thereafter filed the present writ petition making the
following prayers: -
"a) Issue an appropriate writ/direction/order including
a writ in nature of mandamus thereby directing the
Respondent No.1 & 2 to demarcate and remove entire
illegal encroachments, illegal constructions on the park,
roadsides of park, & the cost of removal/demolition be
recovered from the defiant land grabbers only and/or
b) Issue an appropriate writ/direction/order including
a writ in nature of mandamus thereby directing the
Respondent No.3 to demolition of building and to stop
further illegal encroachments, illegal as per the provisions
of The Delhi Development Act, 1957 and / or
c) Issue an appropriate writ/direction/order including
a writ in nature of mandamus thereby directing the
Respondent No.4 to take prompt action on the complaints
made by the Petitioner regarding encroachments and
illegal construction on the common land of park and to
provide necessary help to Respondent no.1 in removal of
entire illegal encroachments, illegal constructions on the
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park and / or
d) Pass any other order(s) as this Hon'ble Court may
deem fit, in the facts and circumstances of the case, in the
interest of justice."
3. The counter affidavit stands filed by the DDA - respondent
no.3 (at page 152) disputing any responsibility in the matter.
Respondent no.4 has also filed the counter affidavit (at page 159)
contending that the subject matter of the writ petition was beyond
its jurisdiction. Respondent no.2 - DUSIB has also filed the
affidavit (at page 132) pointing out that the maintenance of the
Sunder Nagri colony including the park and building activity etc
are done by the erstwhile MCD and now EDMC. Accordingly, it
was the EDMC which had to take the responsibility for removal of
the encroachment in the park in question.
4. During the course of hearing on 17th October, 2017, given
the disputes between the EDMC and the DUSIB regarding the
ownership of the land and the responsibility for removal of the
encroachment, we had directed that a meeting be held between the
senior officers of the EDMC and the DUSIB, under the
chairmanship of the Chief Engineer of the DUSIB, to resolve the
issue regarding the ownership of the land.
5. The additional affidavit dated 3rd February, 2018 shows that
the DUSIB has placed on record the minutes of the meeting held
on 23rd January, 2018, along with approval of the proposal from the
Minister of Urban Development, Government of NCT of Delhi as
W.P.(C) No.7400/2016 Pg.3 of 6
well as by the Chief Minister of Delhi, who is the Chairperson of
DUSIB. This decision has been extracted in the additional
affidavit filed by Shri P.K. Bhagwani, Executive Engineer by the
respondent no.2 - DUSIB which reads as follows :
"7. That however, upon survey of the area in question by the
field functionaries of DUSIB, the same was found to be
occupied by some jhuggies, which have been inhabited for
over a period of past 30 years.
8. That with respect to the aforesaid occupation of the land in
question by the jhuggi dwellers, it is submitted that the same
falls very close to the already existing JJ Basti on DUSIB
land with the name, JJ Basti, Block G-3, G-5, Sunder Nagri,
(Cluster Code-639) in Assembly Constituency (AC)-63,
Seemapuri, in-situ upgradation of which is under
consideration by DUSIB.
9. That as per the policy of DUSIB, any jhuggi or jhuggies
scattered in area nearby any existing JJ Cluster, shall be
deemed to a part of the latter. In view of the said policy,
DUSIB can consider the Jhuggies under question to be part
of JJ Basti, Block G-3, G-5, Sunder Nagri, (Cluster Code-
639), for purposes of removal of the said jhuggies from the
land in question along with the removal of jhuggi cluster of
approximately 3500 jhuggies. Instead, flats would be
constructed and provided to the jhuggi dwellers after
removal of the jhuggies in question. Copy of the Minutes of
Meeting held on 23.01.2018 alongwith approval from the
Minister of Urban Development, Govt. of NCT of Delhi and
thereafter by Chief Minister of Delhi, who is chairperson of
DUSIB, is annexed herewith as ANNEXURE DU-3."
6. In view of the above, DUSIB has taken a decision to shift the
occupants of the Jhuggi in the park to the already existing JJ basti
on DUSIB land with the name, J.J. Basti, Block G-3, G-5, Sunder
W.P.(C) No.7400/2016 Pg.4 of 6
Nagri, (Cluster Code- 639) in Assembly Constituency (AC - 63)
Seemapuri.
The statement to this effect made by DUSIB is taken on
record. It shall remain bound by the same.
7. The noting placed on record would show that Shri Ravi
Dadhich, Member (Administration) of the DUSIB, as on 29th
January, 2018, has noted that there are only about 20 jhuggis on the
subject land. We accept the statement made by DUSIB.
8. The respondents, including the SHO, P.S. Nand Nagri are
directed to ensure that there is no further encroachment in the park
in question.
9. Ms. Mini Pushkarna, ld. Standing Counsel shall forthwith
complete the survey of the Jhuggis and ascertain the entitlements of
the occupants in the proposed development. Such survey shall be
complete within four weeks from today.
Particulars of the persons identified in 20 jhuggis shall be
informed to the EDMC as well as the SHO, PS Nand Nagri so that
no further encroachment takes place.
10. We are informed by Ms. Pushkarna, ld. Standing counsel
that it is expected that the entire process of shifting the jhuggis to
the proposed development would be completed in one year.
DUSIB shall ensure that steps are taken at the earliest in this
regard.
11. It is directed that the EDMC shall maintain the piece of land
in question as a park. Steps for placing a permanent boundary shall
commence forthwith. The parties are expected to cooperate and
W.P.(C) No.7400/2016 Pg.5 of 6
work in conjunction.
12. This writ petition is allowed in the above terms.
Dasti to the parties.
ACTING CHIEF JUSTICE
C.HARI SHANKAR, J
FEBRUARY 05, 2018
mk
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