Delhi High Court - Orders
Sanjeev Bhadra & Anr vs Government Of Nct Of Delhi & Anr on 12 May, 2023
$~41, 42 & 44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6290/2023
SANJEEV BHADRA & ANR. ..... Petitioners
Through: Mr. V.K. Tandon, Advocate
versus
GOVERNMENT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Rishi Kant Singh, Adv. for R-1
Mr. Sanjay Katyal, Standing Counsel
with Mr. Nihal Singh, Advocate for
R-2
42
+ W.P.(C) 6291/2023
KASHMIR LAL ..... Petitioner
Through: Mr. V.K. Tandon, Advocate
versus
GOVERNMENT OF NCT OF DELHI
& ANR. ..... Respondents
Through: Mr. Rishi Kant Singh, Adv. for R-1
Mr. Sanjay Katyal, Standing Counsel
with Mr. Nihal Singh, Advocate for
R-2
44
+ W.P.(C) 6303/2023
RANDHIR KUMAR KAUSHAL& ORS ..... Petitioner
Through: Mr. V.K. Tandon, Advocate
versus
GOVERNMENT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Rishi Kant Singh, Adv. for R-1
Mr. Sanjay Katyal, Standing Counsel
with Mr. Nihal Singh, Advocate for
R-2.
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
W.P.(C) 6290/2023 and other connected matters page 1 of 5
Signature Not Verified
Digitally Signed
By:YASHPAL GROVER
Signing Date:15.05.2023
16:43:16
ORDER
% 12.05.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM No.24719/2023 [Application for Exemption] in W.P.(C) 6290/2023 CM No.24720/2023 [Application for Exemption] in W.P.(C) 6291/2023 CM No.24739/2023 [Application for Exemption] in W.P.(C) 6303/2023
1. Allowed subject to all just exceptions.
W.P.(C) Nos.6290/2023, 6291/2023 and 6303/2023
2. By way of the present Petition, the Petitioners are inter-alia seeking a direction from the Respondent No. 2/DDA to set aside the order dated 31.03.2023 [in W.P.(C)6290/2023 and W.P.(C)6291/2023] and order dated 16.02.2023 [in W.P.(C) 6303/2023] issued by the Appellate Authority appointed by Respondent No.2/DDA.
2.1 It is contended by the Petitioners that the orders were passed without conducting any independent hearing of their individual Appeals.
3. The Petition has been filed by persons all of whom are jhuggi dwellers, residents of Bhoomiheen Camp at Kalkaji, New Delhi. The grievance of the Petitioners is that jhuggis in which they are residing may be demolished at any time, as the notices/demolition orders have already been issued on 23.01.2023.
4. The Petitioners rely on the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015 [hereinafter called the "2015 Policy"] of Respondent No. 1 to submit that they must be properly rehabilitated by the Respondents prior to any demolition.
5. The Petitioners are aggrieved by the actions of the Eligibility Determination Committee [hereinafter called the "EDC"] set up by W.P.(C) 6290/2023 and other connected matters page 2 of 5 Signature Not Verified Digitally Signed By:YASHPAL GROVER Signing Date:15.05.2023 16:43:16 Respondent No.2/DDA. The EDC had on 07.11.2022 released a list of candidates who were declared as ineligible for allotment of an alternate dwelling/accommodation under the 2015 Policy,which included the names of the Petitioners.
6. Subsequently, the Petitioners received letters informing them of their ineligibility inter-alia on account of non-availability of identity related documents even after all relevant documents were produced. 6.1 Reliance in this regard is made to Clause 2 of the 2015 Policy, wherein it is stated that jhuggi jhopridewellers must possess one of the following 12 documents, which is mentioned in Clause 2 of Part B of the 2015 Policy:-
"....2. As envisaged in Para 1 (vi) above, the JJ dweller must possess any one of the following documents issued before 01.01.2015 to become eligible for the purpose of allotment of Dwelling Unit :
(i). Passport
(ii). Ration Card with photograph
(iii). Electricity Bill
(iv). Driving License
(v). Identity Card / Smart Card with photograph issued by State/Central
Government and / or its Autonomous Bodies/Agencies like PSU/Local Bodies (Except EPIC).
(vi). Passbook issued by Public Sector Banks/Post Office with photograph.
(vii). SC/ST/OBC Certificate issued by Competent Authority.
(viii). Pension document with photograph such as Ex-serviceman‟s Pension Book, Pension Payment Order, Ex-Serviceman widow/dependent certificate, old age pension order or widow pension order.
(ix). Freedom Fighter Identity Card with passport.
(x). Certificate of physically handicapped with photograph issued by the Competent Authority.
(xi). Health Insurance Scheme Smart card with photograph (Ministry of Labour Scheme).
(xii). Identity card with photograph issued in the name of the descendants of the slum dweller from a Government School or certificate with photograph issued by the Principal of a Government School mentioning therein that the descendants of JJ dweller is /was the student of the school."
W.P.(C) 6290/2023 and other connected matters page 3 of 5 Signature Not Verified Digitally Signed By:YASHPAL GROVER Signing Date:15.05.2023 16:43:16 6.2 Learned Counsel for the Petitioners submits that each of the Petitioners in the petition before this Court have one or more of the requisite identity documents. However, despite the same, their representations have been rejected by the Appellate Authority.
7. It is the further contention of the Petitioners that their ineligibility is based on the fact that they were unable to produce a ration card. However, they contend that despite applying for the same several years ago, no ration card has been issued to them.
7.1 The Petitioners rely on an Order of a coordinate bench dated 05.08.2022 in W.P.(C) 11633/2022, which is appended at Annexure P-13 [page 135 of the case file in W.P.(C) 6290/2023] to submit that at present no „ration cards‟are being issued by the Government of NCT, Delhi.
8. Learned Counsel appearing on behalf of Respondent No.2/DDA, on advance notice controverts the contention of the learned Counsel for the Petitioners. In this regard, he draws the attention of the Court to the orders passed by the Appellate Authority:
(i) dated 31.03.2023 appended at Annexure P-1 [page 44 of the case file in W.P.(C) 6290/2023];
(ii) dated 31.03.2023 appended at Annexure P-1 [page 44 of the case file in W.P.(C) 6291/2023]; and
(iii) dated 16.02.2023 which is appended at Annexure P-1 [page 127 of the case file in W.P.(C) 6303/2023], to submit that these orders have been passed by the Appellate Authority after giving due and adequate consideration to the 2015 Policy as well as the documents placed on record by the respective Petitioners, who are before W.P.(C) 6290/2023 and other connected matters page 3 of 5 Signature Not Verified Digitally Signed By:YASHPAL GROVER Signing Date:15.05.2023 16:43:16 this Court.
8.1 Learned Counsel appearing on behalf of the Respondents submit that the Appellate Authority has passed its order in accordance with the 2015 Policy and as per law.
9. The matter requires further examination.
10. Issue notice.
11. Learned Counselswho appear on advance notice, accept notice on behalf of the Respondents No.1/DUSIB and Respondent No.2/DDA.
12. Learned Counsel appearing on behalf of the Petitioners submits that the record filed before the Appellate Authority is voluminous, and since there are several Petitioners, he seeks leave of the Court to prepare a tabular chart setting forth the names of the Petitioners alongwith description of documents/evidence they had placed before the Appellate Authority.
13. Let the needful be done within one week from today, as prayed.
14. Learned Counsel further submits that if in the meantime, Respondent No.2/DDA is allowed to continue with its demolition, these Petitions will become infructuous and irreparable harm and injury will be caused to the Petitioners. He submits that in the interregnum, this Court may stay action of the Respondents of sealing and evicting the Petitioners from their respective homes and / or demolition.
15. Learned Counsel for the Respondents may file their Counter- Affidavits / short affidavits within one week. Rejoinder thereto, if any, be filed within two days thereafter.
16. List on 31.05.2023.
17. Given the circumstances of the case, Respondents are directed to stay W.P.(C) 6290/2023 and other connected matters page 4 of 5 Signature Not Verified Digitally Signed By:YASHPAL GROVER Signing Date:15.05.2023 16:43:16 their hands qua sealing, eviction and / or demolition with respect to the Petitioners until the next date of hearing.
TARA VITASTA GANJU, J MAY 12, 2023/ Yg Click here to check corrigendum, if any W.P.(C) 6290/2023 and other connected matters page 5 of 5 Signature Not Verified Digitally Signed By:YASHPAL GROVER Signing Date:15.05.2023 16:43:16