Allahabad High Court
Noida Jhuggi Jhopari Naggik Kalyan ... vs New Okhla Industrial Development ... on 15 July, 2010
Author: F.I. Rebello
Bench: Ferdino Inacio Rebello, Amreshwar Pratap Sahi
Chief Justice's Court Case :- WRIT - C No. - 22084 of 2001 Petitioner :- Noida Jhuggi Jhopari Naggik Kalyan Mahasangh & Another Respondent :- New Okhla Industrial Development Authority (Noida) & Others Petitioner Counsel :- Miss Mona Rajvanshi,N.C. Rajvanshi Respondent Counsel :- C.S.C.,A.K. Misra,N. Misra Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
The writ petitioners had approached this Court in representative capacity contending that they had hutments, which are existing within the area of respondent no.1-NOIDA and respondent no.1 is seeking to forcibly evict them.
It appears that earlier another writ petition was filed being Civil Misc. Writ Petition No.40163 of 1998, wherein this Court on 26.11.1998 had passed an interim order directing that the members of the Baba Bengali Jhuggi Jhopri Nagrik Kalyan Mahasangh, shall not be evicted. Based on that order, similar interim order came to be passed in this writ petition also.
On behalf of respondent no.1-NOIDA, it is pointed out that now they have framed a Scheme and in terms of that Scheme, they have notified number of hutments, which would be entitled for re- settlement in terms of the Scheme, which is now put on the website. All eligible persons would be given benefit of the said Scheme.
Considering the above, in our opinion, no purpose would be served in keeping this writ petition pending and it can be disposed of by issuing following directions:-
1. The interim order dated 08.06.2001 granted by this Court, protecting the members of the writ petitioner from being evicted, will continue till such time respondent no.1-NOIDA makes final determination of those persons, who are eligible with regard to their rehabilitation and are rehabilitated.
2. If any members of the writ petitioner and their hutments are not included, it will be open to them to apply individually to the concerned authority, i.e., respondent no.1, who will decide their claim according to merit provided they make an application within eight weeks from today. Till final determination is made on the application to be made by the individuals with regard to the their grievance, no steps would be taken to evict them. If they are found eligible, then they will not be evicted till the compliance of direction no.1 as aforesaid. In the event, the aggrieved members of the writ petitioner do not make an application within the aforesaid time, the authority will be free to take steps in accordance with law.
With the above observations, this appeal stands disposed of. No order as to costs.
Order Date :- 15.7.2010 RKK/-
(F.I. Rebello, CJ) (A.P. Sahi, J)