Delhi High Court
Jayanti Devi vs Govt Of Nct Of Delhi & Ors. on 10 February, 2023
2023/DHC/000984
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 10th February, 2023
+ W.P.(C) 1654/2023 & CM APPLs.6333-34/2023
JAYANTI DEVI ..... Petitioner
Through: Mr. Avinash, Advocate.
(M:9555913622)
versus
GOVT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Rishikesh Kumar, ASC, GNCTD
with Mr. Sumit Chaudhary, Advocate
with Mr. Virender Kumar, Executive
Engineer of PWD in person.
Mr. Parvinder Chauhan, Advocate for
DUSIB with Mr. Prakash Deep, Legal
Asstt. of DUSIB.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The Petitioner- Jayanti Devi is a resident of a jhuggi at Bhairon Marg
in front of Gate No.1, Pragati Maidan, New Delhi. She has filed the present
writ petition challenging the impugned eviction notice bearing no. S23
(ROAD)/S.B.A. MANDAL M-321/166 dated 28th January, 2023 issued by
the Public Welfare Department which reads as under:
"All you slum dwellers Bhairo Marg, Opposite Gate
No.1, Pragati Maidan are informed to voluntarily
demolish your slum within 15 days of information
phase, otherwise, your slum will be removed with the
help of police and Will be sent to the shelter home
(Dwarka, Geeta Colony) identified by the Delhi
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:11.02.2023
14:42:30
2023/DHC/000984
Urban Improvement Shelter Board (DUSIB), in
which the maximum period of stay will be 03
months."
3. The case of the Petitioner is that she has been living in this jhuggi
since 2012 and also has gas and electricity connections for the said premises.
Even the voter ID card of the Petitioner is stated to have been issued to the
Petitioner with the address of the said jhuggi.
4. Submission of ld. Counsel for the Petitioner is that in terms of the
Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 (hereinafter
„Policy‟) dated 14th June, 2016, the Petitioner's jhuggi having come up
before 1st January, 2015, the Petitioner is entitled to rehabilitation and the
Petitioner ought not to be removed from the present place on occupation.
Ld. counsel for the Petitioner further submits that the jhuggi being prior to
1st January, 2015, the same cannot be demolished in view of the Policy, that
too without notice and hearing.
5. Ld. counsel for the Respondents, including ld. Counsel for DUSIB,
have entered appearance. Mr. Chauhan, ld. Counsel for the DUSIB, upon a
specific query from the Court as to whether the JJ cluster at Bhairon Marg is
a notified cluster under the Policy or not, states that the Petitioner's jhuggi
cluster does not belong to notified clusters, which are 675 and 82 in number.
6. Mr. Chauhan, ld. Counsel, also relies upon the recent order passed by
this Court in W.P.(C) 1386/2023 titled Kash Ram v. Public Works
Department, GNCTD where the Court had directed the demolition of
jhuggis in Dhaula Kuan area, subject to certain conditions.
7. Heard. It is now the settled position in law that until and unless the
jhuggi clusters are duly notified, stay on demolition would not be feasible.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:11.02.2023
14:42:30
2023/DHC/000984
8. This position of law has recently been reiterated by this Court in
Shakarpur Slum Union v. DDA, [W.P.(C) 6779/2021, decision dated 2nd
August, 2022,] wherein the Court held as under:
"37. This Court while dealing with Ajay Maken (supra)
and Sudama Singh (supra) never gave any licence to
any person to encroach upon Government property.
However, this Court is dealing with a human problem
and right to shelter has been described as right which
has to be protected by Courts especially for those who
will have no place to go with their family and
belongings if they are faced with mid-night
demolitions. In order to ameliorate the human
problem, this Court in Sudama Singh (supra) had
directed that the State Government must formulate a
comprehensive protocol to ensure that persons who
have encroached upon Government lands are not
rendered shelter-less and, therefore, a rehabilitation
policy has to be brought out to rehabilitate those
persons. It was in pursuance of that judgment that
DUSIB was made the nodal agency for rehabilitation
of the persons living in JJ clusters. Parameters were
laid down as to who would be entitled to the benefit of
the DUSIB Policy. The judgment of this Court in Ajay
Maken (supra) cannot be interpreted to mean clusters
not identified by the DUSIB would be entitled to
rehabilitation.
XXX
42. Resultantly, the instant writ petition is disposed of
with a direction to the DDA to carry out further
demolition only in consultation with the DUSIB. The
DDA is further directed to give sufficient time to the
dwellers to make alternate arrangements or,
alternatively, steps should be taken to accommodate
the dwellers in the shelters provided by the DUSIB for
three months so that the persons, whose jhuggis are
being demolished, are able to find some alternate
accommodation. Pending applications, if any, also
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:11.02.2023
14:42:30
2023/DHC/000984
stand disposed of."
9. In view of the fact that the impugned eviction notice itself identifies
the alternative accommodation which is to be given to the Petitioner i.e.,
shelter home in Dwarka, Geeta Colony, it is directed that the reliefs sought
by the Petitioner would not be liable to be granted.
10. The Respondent authorities will give the Petitioner a period of one
week for moving to the shelter home in Dwarka, Geeta Colony.
11. It would be the responsibility of the Respondent authorities to ensure
that the basic amenities at the relocated shelter home are duly made
available for the Petitioner.
12. The petition, along with all pending applications, is disposed of in the
above terms.
PRATHIBA M. SINGH
JUDGE
FEBRUARY 10, 2023/dk/sk
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:11.02.2023
14:42:30
