Delhi High Court
Mathura Prasad And Ors vs South Delhi Municipal ... on 27 November, 2019
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 27.11.2019
+ W.P.(C) 3430/2017 & C.M. Nos.15002/2017, 34852/2018,
20850/2019
MATHURA PRASAD AND ORS ..... Petitioners
Through: Ms. Ruchira Goel & Ms. Priya Watwani,
Advocates with petitioner in person.
Versus
SOUTH DELHI MUNICIPAL
CORPORATION AND ORS ..... Respondents
Through: Mr. Sanjay Poddar, Sr. Advocate with
Mr. Sandeep Bajaj & Mr. Naman Tandon,
Advocates for R-SDMC.
Mr. Anand V. Khatri, Advocate for R-2.
Mr. Parvinder Chauhan, Advocate for
R-3/DUSIB.
Ms. Kanika Singh & Mr. Rishi Vohra,
Advocates for R-4/DDA.
Ms. Maneesha Dhir & Mr. Abhishek
Kumar, Advocates for R-5.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
D.N. PATEL, CHIEF JUSTICE (Oral)
1. This writ petition has been preferred as a Public Interest Litigation for
the following prayers :-
(i) Pass an order in the nature of a writ of mandamus or any
other appropriate writ or order directing the Respondent
Nos. 1 and 3 herein to provide in situ
upgradation/rehabilitation under the New Delhi Slum &
J.J. Rehabilitation and Relocation Policy, 2015, to the
eligible residents that reside in the Arjun Das Camp and
W.P.(C) 3430/2017 Page 1 of 4
Bengali Camp, Kushak Nala, East Kidwai Nagar;
(ii) Pass an order directing the Respondent No.1 to disclose
on affidavit the status of the residents of the Arjun Das
and Bangali Camp situated along the Kushak Nala;
(iii) Pass an order directing all the Respondents to cease any
further evictions or harassment of residents that live in
the area until all appropriate rehabilitation has been
provided;
2. Having heard the learned counsel for both the sides and looking to the
facts and circumstances of the case, it appears that several persons are
staying at Jhuggi Jhopari Basti, East Kidwai Nagar, New Delhi who are to
be rehabilitated as per the decision taken by the respondent No.3 dated
14.06.2016 (Annexure P-16 to the memo of this writ petition).
3. It further appears from the facts of the case that there are total 449
units at the site in question.
4. Out of the aforesaid 449 units, 404 unit holders appeared before the
respondents for "eligibility determination".
5. Out of the aforesaid 404 units of Jhuggi Jhopari Basti, East Kidwai
Nagar, New Delhi, 289 unit holders were found to be eligible as per the
Rehabilitation Policy dated 14.06.2016 (Annexure P-16 to the memo of this
writ petition).
6. There shall be draw for the allotment of the flats to the 289 eligible
unit holders after depositing the amount as per the aforesaid policy.
Thereafter, in accordance with Rule 4 of Delhi Slum & J.J. Rehabilitation &
Relocation Policy, 2015 (Annexure P-16, Pg. 180), the flats will be allotted
to them. Furthermore, they will have to vacate the Jhuggi Jhopari Basti
W.P.(C) 3430/2017 Page 2 of 4
where they are staying at present illegally and those houses which are
illegally constructed cannot be given to anybody on rent nor the same can be
elevated in any manner whatsoever. The same are bound to be demolished
by the respondents.
7. It further appears from the facts of the case that occupiers of 45 units
have never appeared for "eligibility determination", they are also given one
more opportunity to present documents and to show their eligibility as per
the policy decision dated 14.06.2016 (Annexure P-16 to the memo of this
writ petition).
8. The occupiers of 115 units were found ineligible. Out of these 115
ineligible occupiers, 93 have preferred appeal before the Appellate
Authority, as provided under the policy decision.
9. Thus the occupiers of 289 units, who were found eligible to whom
the flats are to be allotted upon payment of amount, as mentioned in the
policy decision dated 14.06.2016 (Annexure P-16 to the memo of this writ
petition). Some of them have already deposited the amount in accordance
with the aforesaid policy. The only question now left out is within what
least possible time, the respondent No.3 shall complete the process of
allotment of the flats to the occupiers of 289 units, who were found eligible.
10. Learned counsel appearing for respondent No.3 upon instructions
from their clients, very fairly submitted that they may be given four months'
time to complete the process of allotment of the flats.
11. Out of 449 units, the occupiers of 45 units have never appeared for
"eligibility determination" before the Delhi Urban Shelter Improvement
Board (DUSIB). Thus, out of remaining 404 units, occupiers of 289 unit
holders are already found eligible for the flats/new dwelling units.
W.P.(C) 3430/2017 Page 3 of 4
12. In view of these submissions, we hereby direct the respondent No.3 to
complete the process of allotment of the flats/dwelling units to the 289
eligible unit holders within a period of five months on receipt of necessary
payment as per the policy decision dated 14.06.2016.
13. In view of the aforesaid facts and in view of the aforesaid direction
given for 289 units, we see no reason to further monitor this case.
14. With these observations, this writ petition is hereby disposed of.
Liberty is reserved with the petitioners to move this Court in case of any
difficulty but at least not before five months for the aforesaid 289 unit
holders.
CHIEF JUSTICE
C.HARI SHANKAR, J.
NOVEMBER 27, 2019
'AA'
