Delhi High Court - Orders
Kailash Nath Mishra & Ors vs Renu Sharma Govt Of Nct Of Delhi & Anr on 6 October, 2022
Author: Sachin Datta
Bench: Sachin Datta
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 864/2017
KAILASH NATH MISHRA & ORS ..... Petitioners
Through: Ms. Shobhana Takiar, Adv.
versus
RENU SHARMA GOVT OF NCT OF DELHI & ANR
..... Respondents
Through: Mr. Anuj Aggarwal, ASC, GNCTD
with Mr. S. Suri, Adv. for R-1.
Mr. Parvinder Chauhan and Mr.
Sushil Dixit, Advs. for R-2.
Mr. Monika Arora, CGSC with Mr.
Yash Tyagi and Mr. Shivam
Raghuvanshi, Advs. for R-3/ROI
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 06.10.2022
1. The present petition has been filed by the petitioners alleging wilful disobedience of the directions contained in the judgment/order dated 10.10.2011 passed by this Court in W. P.(C) 1798/2011 and W.P. (C) 705/2011. The operative directions contained in the aforesaid order in W.P.(C) 1798.2011 are as under:
"20. In the circumstances, the petition is disposed of with the following directions:-Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:10.10.2022 17:55:54
a. The petitioners to vacate the said site on or before 6th November, 2011;
b. If the petitioners or any of them or any other person in occupation fail to vacate the site by the said date, the respondent Hospital shall be entitled to use reasonable force for their removal so that the land is available for the expansion project of the respondent Hospital. The respondent no.10 SHO, PS - Mandir Marg is directed to ensure that the respondent Hospital has possession of the vacant site as on 7th November, 2011;
c. The respondent DUSIB is directed to have the eligibility of all the seventy petitioners for relocation under the Policy determined on or before 15th December, 2011;
d. The Electoral Office and the Food Supply Office are directed to immediately respond to the verification sought by the respondent DUSIB;
e. The ten petitioners who are stated to have not submitted then documents to the respondent DUSIB to submit the same on or before 31st October, 2011;
f. The petitioners to appear before Mr. Harish Vats in the first instance on 17th October, 2011 at 1100 hours and thereafter on subsequent dates as may be required to. The respondent DUSIB to submit its report to the land owning agency i.e. L&DO on or before 20th December, 2011;
g. The respondent L&DO is directed to relocate such of the petitioners as are found eligible as per the report and as per the Policy of the Government;
h. The petitioners or such of them if remain aggrieved by the said report shall have remedies in law;
i. The government schools near to the place where the petitioners are re-located temporarily or permanently, to allow the transfer of the children of the petitioners from the government school which they are presently attending to the new school;
j. The CEO of the respondent DUSIB to comply with the direction aforesaid.Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:10.10.2022 17:55:54
No order as to costs.
Dasti under signature of court master."
2. It is contention of learned counsel for the petitioners that despite the petitioners having been found eligible for relocation in terms of the report prepared by DUSIB, no steps whatsoever have been taken to relocate the petitioners.
3. Learned counsel for the Respondent no.3 draws attention to an affidavit filed on behalf of the Respondent no.3 wherein it has been stated as under :
"E. That, pursuant thereto, a letter dated 06.02.2018 was also sent to the DUSIB to furnish the demand for rehabilitation of the sixty-eight eligible persons. It is submitted that DUSIB vide its letter dated 04.04.2018 informed the L&DO that the cost of flats has been calculated as per the provisions of the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015. It was informed that the cost of flats, to be charged from LOA, for the Baprola Phase II, is Rs. 9,00,000/- (Rupees Nine Lakhs only) per flat. Further, DUSIB requested to deposit Rs. 6,12,00,000/-(Rupees Six Crores and Twelve Lakhs only) for sixty-eight flats of Baprola Phase II toward relocation charges in favour of DUSIB. A copy of the said letters dated 06.02.2018 and 04.04.2018 has been attached herewith as Annexure- R/2 and Annexure-R/3, respectively.
F. That the L&DO vide its letter dated 11.04.2018 requested the Ministry of Health and Family welfare as well Dr. Ram Manohar Lohiya Hospital to deposit the said amount to DUSIB immediately for the rehabilitation of sixty-eight eligible persons Including the petitioners in the present Contempt petition. A copy of the said letter dated 11.04.2018 has been attached herewith as Annexure-R/4.
G. That Ram Manohar Lohiya hospital vide its letter dated 18.06.2019 informed that an amount of Rs. 6.12 Crores (Rupees Six Crores and Twelve Lakhs only) has been released to DUSIB for the purposes of rehabilitation/relocation of sixty-eight jhuggi dwellers. The L&DO vide its letter dated 10.07.2019 while referring to the letter dated 18.06.2019 also Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:10.10.2022 17:55:54 requested DUSIB to take necessary steps for rehabilitation of the identified sixty eight Jhuggi Dwellers which included the petitioners. A copy each of the said letters dated 18.06.2019 and 10.07.2019 has been attached herewith as Annexure-R/5 and Annexure-R/6, respectively."
4. Learned counsel for the Respondent No.3 also referred to a letter dated 10.07.2019 addressed by the Deputy Land & Development Officer to the Deputy Director, DUSIB, wherein it has been stated as under:
" L&D0/L-II-B/18(30)/2019/225
Government of India
Ministry of Housing & Urban Affairs,
Land & Development office
*********
Nirman Bhavan, New Delhi
Dated: 10.07.2019
To
Sh.Abdul Dayaan,
Dy. Director,
DUSIB
Rehabilitation Section,
Raja Garden
New Deihi-110027.
Sub; CWP.NO. 11100/2015 in the matter of Nish Sharma & others vs Govt. of NCT of Delhi & Ors- resettlement of 68 Jhuggi dwellers.
Sir, I am to refer to the letter no. 15-11/2018-RMLH(H.A-1/3185 dated 18.06,2019 of RML (copy enclosed) on the above mentioned subject, and to state that they have released an amount of Rs. 6.12 Crore (Rs. Six Crore Twelve Lakhs Only) to DUSIB. Therefore, you are requested to take necessary steps for rehabilitation of identified 68 Jhuggi dwellers as per Hon'ble Court's direction.
Encl: As above Your faithfully,
(Rajanish Kumar Jha)
Dy.Land & Development Officer
Signature Not Verified
Digitally Signed
By:RADHA BISHT
Signing Date:10.10.2022
17:55:54
5. It is unfortunate that despite the petitioners having been found eligible, the directions issued as far as back on 10.10.2011 remain uncomplied and the petitioners have still not been relocated.
6. The Respondent No.2 does not appear to have taken any steps despite the aforementioned communication dated 10.07.2019 addressed to it. Prima facie, the Respondent No.2 is guilty of wilful disobedience of the directions contained in the order dated 10.10.2011.
7. Issue show cause notice to the Respondent No.2, as to why Respondent No.2 should not be held guilty for having committed contempt of Court under Section 2(b) read with Sections 11 and 12 of the Contempt of Courts Act, 1971
8. The respondents are directed to take steps to ensure compliance with the directions contained in the judgment/order dated 10.10.2011.
9. If the directions contained in the judgment/order dated 10.10.2011 remain uncomplied with, the Respondent No.2 shall remain personally present in Court on the next date of hearing.
10. It is further made clear that in the event of non-compliance, personal responsibility will be fixed on the officers who have failed to act with sufficient dispatch in the matter.
11. List on 17.02.2023.
SACHIN DATTA, J OCTOBER 6, 2022/ssc Signature Not Verified Digitally Signed By:RADHA BISHT Signing Date:10.10.2022 17:55:54