Sheela Kaur vs Delhi Urban Shelter Improvement Board ... on 17 November, 2023

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Delhi High Court - Orders

Sheela Kaur vs Delhi Urban Shelter Improvement Board ... on 17 November, 2023

$~62 to 75, 54 & 55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14888/2023 & CM APPLs. 59307/2023, 59308/2023
SHEELA KAUR ..... Petitioner
Through: Ms. Aanchal Tikmani, Ms. Zehra
Khan, Ms. Karuvaki Mohanty and
Ms. Anauntta Shankar, Advocates.

versus

DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS.
..... Respondents
Through: Mr. Parvinder Chauhan and Ms.
Aakriti Garg, Advocates for DUSIB.
Mr. Sanjay Katyal, SC for DDA with
Mr. Nihal Singh, Advocate for R-2.
Mr. Vivekanand Mishra, Senior Panel
Counsel, UOI for R-3 and R-5

(63)
+ W.P.(C) 14889/2023 & CM APPL. 59309/2023, 59417/2023
MANGLO MANDAL ..... Petitioner
Through: Ms. Aanchal Tikmani, Ms. Zehra
Khan, Ms. Karuvaki Mohanty and
Ms. Anauntta Shankar, Advocates.

versus

W.P.(C) 14888/2023 Page 1 of 15
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 20/11/2023 at 22:26:21
Mr. Umesh K. Burnwal, SPC for R-5.

(64)
+ W.P.(C) 14890/2023 & CM APPLs. 59310/2023, 59311/2023
CHANDO ..... Petitioner
Through: Ms. Aanchal Tikmani, Ms. Zehra
Khan, Ms. Karuvaki Mohanty and
Ms. Anauntta Shankar, Advocates.

versus

DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS.
..... Respondents
Through: Mr. Parvinder Chauhan and Ms.
Aakriti Garg, Advocates for DUSIB.
Ms. Shobhana Takiar, SC for DDA
with Mr. Arya Suresh Nair and
Mr.Kuljeet Singh, Advocates.
Mr. Abhinav Singh and Mr. Rajat M.
Dwivedi, Advocates for R-4.
Mr. Divyam Nandrajog, Panel
Counsel for GNCTD with Mr.
Mayank Kamra, Advocate for R-4.
Mr. Vivek Sharma, SPC for R-5.

(65)
+ W.P.(C) 14891/2023 & CM APPLs. 59312/2023, 59313/2023
SATNAMI KAUR ..... Petitioner
Through: Ms. Aanchal Tikmani, Ms. Zehra
Khan, Ms. Karuvaki Mohanty and
Ms. Anauntta Shankar, Advocates.

versus

DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS.
..... Respondents
Through: Mr. Parvinder Chauhan and Ms.

W.P.(C) 14888/2023 Page 2 of 15
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 20/11/2023 at 22:26:21
Aakriti Garg, Advocates for DUSIB.
Ms. Shobhana Takiar, SC for DDA
with Mr. Arya Suresh Nair and
Mr.Kuljeet Singh, Advocates.
Mr. Vikash Kumar, Advocate for Ms.
Reema Khorana, SPC for R-3 & 5.
Mr. Achal Gupta, Advocate for R-4.

(66)
+ W.P.(C) 14892/2023 & CM APPLs. 59314/2023, 59315/2023
THAKARI BAI ..... Petitioner
Through: Ms. Aanchal Tikmani, Ms. Zehra
Khan, Ms. Karuvaki Mohanty and
Ms. Anauntta Shankar, Advocates.

versus

(67)
+ W.P.(C) 14893/2023 & CM APPLs. 59316/2023, 59317/2023
SAHIL MANDAL ..... Petitioner
Through: Ms. Aanchal Tikmani, Ms. Zehra
Khan, Ms. Karuvaki Mohanty and
Ms. Anauntta Shankar, Advocates.

versus

DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS.

W.P.(C) 14888/2023 Page 3 of 15
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 20/11/2023 at 22:26:22
..... Respondents
Through: Mr. Parvinder Chauhan and Ms.
Aakriti Garg, Advocates for DUSIB.
Ms. Shobhana Takiar, SC for DDA
with Mr. Arya Suresh Nair and
Mr.Kuljeet Singh, Advocates.
Mr. Chiranjiv Kumar and Ms.
Neelima, Advocates for Respondent
No.3 & 5
Mr. Mohit Agarwal, Advocate for R-4

(68)
+ W.P.(C) 14894/2023 & CM APPLs. 59318/2023, 59319/2023
KABITA MANDAL ..... Petitioner
Through: Ms. Aanchal Tikmani, Ms. Zehra
Khan, Ms. Karuvaki Mohanty and
Ms. Anauntta Shankar, Advocates.

versus

DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS.
..... Respondents
Through: Mr. Parvinder Chauhan and Ms.
Aakriti Garg, Advocates for DUSIB.
Mr. Sanjay Katyal, SC for DDA with
Mr. Nihal Singh, Advocate for R-2.
Mr. Divyam Nandrajog, Panel
Counsel for GNCTD with Mr.
Mayank Kamra, Advocate for R-4.
Ms. Uma Prasuna Bachu, SPC for R-
5.

(69)
+ W.P.(C) 14896/2023 & CM APPLs. 59320/2023, 59321/2023
MEHRUN ..... Petitioner
Through: Ms. Aanchal Tikmani, Ms. Zehra
Khan, Ms. Karuvaki Mohanty and

W.P.(C) 14888/2023 Page 4 of 15
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 20/11/2023 at 22:26:22
Ms. Anauntta Shankar, Advocates.

versus

DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS.
..... Respondents
Through: Mr. Parvinder Chauhan and Ms.
Aakriti Garg, Advocates for DUSIB.
Mr. Sanjay Katyal, SC for DDA with
Mr. Nihal Singh, Advocate for R-2.
Mr. Abhishek Yadav, SPC with Mr.
Anchit Mathur, Advocate for R-5.

(70)
+ W.P.(C) 14897/2023 & CM APPLs. 59322/2023, 59323/2023
SEEMA MANDAL ..... Petitioner
Through: Ms. Aanchal Tikmani, Ms. Zehra
Khan, Ms. Karuvaki Mohanty and
Ms. Anauntta Shankar, Advocates.

versus

DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS.
..... Respondents
Through: Mr. Parvinder Chauhan and Ms.
Aakriti Garg, Advocates for DUSIB.
Ms. Shobhana Takiar, SC for DDA
with Mr. Arya Suresh Nair and
Mr.Kuljeet Singh, Advocates.
Mr. Rajesh Kumar Agnihotri,
Advocate for R-4
Mr. Anshuman, SPC with Mr. Rahul
Sharma, GP and Mr. Piyush,
Advocate for R-5

(71)
+ W.P.(C) 14898/2023 &CM APPLs. 59324/2023, 59325/2023
PARWATI ..... Petitioner

W.P.(C) 14888/2023 Page 5 of 15
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 20/11/2023 at 22:26:22
Through: Ms. Aanchal Tikmani, Ms. Zehra
Khan, Ms. Karuvaki Mohanty and
Ms. Anauntta Shankar, Advocates.

versus

DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS.
..... Respondents
Through: Mr. Parvinder Chauhan and Ms.
Aakriti Garg, Advocates for DUSIB.
Mr. Raghvendra Upadhyay, Ms.
Purnima Jain and Mr. Vaibhav
Tripathi, Advocates for R-4.
Ms. Ritu Reniwal, SPC with Mr.
Mahendra Kumawat and Mr. Prashant
Bhardwaj, Advocates.

(72)
+ W.P.(C) 14899/2023 &CM APPLs. 59326/2023, 59327/2023
LAXMI MANDAL ..... Petitioner
Through: Ms. Aanchal Tikmani, Ms. Zehra
Khan, Ms. Karuvaki Mohanty and
Ms. Anauntta Shankar, Advocates.

versus

DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS.
..... Respondents
Through: Mr. Parvinder Chauhan and Ms.
Aakriti Garg, Advocates for DUSIB.
Mr. Sanjay Katyal, Standing Counsel
for DDA with Mr. Nihal Singh,
Advocate for R-2.
Mr. Divyam Nandrajog, Panel
Counsel for GNCTD with Mr.
Mayank Kamra, Advocate for R-4.
Ms. Ritu Reniwal, SPC with Mr.
Mahendra Kumawat and Mr. Prashant

W.P.(C) 14888/2023 Page 6 of 15
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 20/11/2023 at 22:26:22
Bhardwaj, Advocates.

(73)
+ W.P.(C) 14900/2023 & CM APPLs. 59328/2023, 59329/2023
ASHA DEVI ..... Petitioner
Through: Ms. Aanchal Tikmani, Ms. Zehra
Khan, Ms. Karuvaki Mohanty and
Ms. Anauntta Shankar, Advocates.

versus

DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS.
..... Respondents
Through: Mr. Parvinder Chauhan and Ms.
Aakriti Garg, Advocates for DUSIB.
Mr. Sanjay Katyal, Standing Counsel
for DDA with Mr. Nihal Singh,
Advocate for R-2.
Ms. Vaishali Gupta and Mr. Anubhav
Gupta, Advocates for R-4.
Mr. Atul Krishna ,Sr. Panel Counsel
for Respondent No. 05/UOI

(74)
+ W.P.(C) 14901/2023 & CM APPLs. 59330/2023, 59420/2023
SUNITA DEVI ..... Petitioner
Through: Ms. Aanchal Tikmani, Ms. Zehra
Khan, Ms. Karuvaki Mohanty and
Ms. Anauntta Shankar, Advocates.

versus

DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS.
..... Respondents
Through: Mr. Parvinder Chauhan and Ms.
Aakriti Garg, Advocates for DUSIB.
Mr. Sanjay Katyal, Standing Counsel

W.P.(C) 14888/2023 Page 7 of 15
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 20/11/2023 at 22:26:22
for DDA with Mr. Nihal Singh,
Advocate for R-2.
Mr. KG Gopalakrishnan and Ms.
Nisha Mohandas, Advs. for
Respondent No. 4.
Mr. Virender Pratap Singh Charak,
Ms. Shubhra Parashar, Mr. Yash Hari
Dixit and Mr. Pushpender Singh
Charak, Advocates for R-5.

(75)
+ W.P.(C) 14902/2023 & CM APPLs. 59444/2023, 59445/2023
DIPARI BAI ..... Petitioner
Through: Ms. Aanchal Tikmani, Ms. Zehra
Khan, Ms. Karuvaki Mohanty and
Ms. Anauntta Shankar, Advocates.

versus

DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS.
..... Respondents
Through: Mr. Parvinder Chauhan and Ms.
Aakriti Garg, Advocates for DUSIB.
Mr. Sanjay Katyal, Standing Counsel
for DDA with Mr. Nihal Singh,
Advocate for R-2.
Mr. Rajnish Kumar Gaind, SPC for
R-5 with Mr. Gokul Sharma, GP for
UOI.

(54)
+ W.P.(C) 14058/2023 & CM APPLs.59422/2023, 59423/2023
PARVATI DEVI ..... Petitioner
Through:

versus

W.P.(C) 14888/2023 Page 8 of 15
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 20/11/2023 at 22:26:22
DUSIB & ORS. ..... Respondents
Through: Mr. Parvinder Chauhan, Ms. Richa
Dhawan and Mr. Anuj Chaturvedi,
Advocates for DUSIB.
Mr. Vedansh Anand, GP for UOI.
Mr. Sanjay Katyal, SC for DDA with
Mr. Nihal Singh, Ms. Kritika Gupta,
Advocates for R-2.
Mr. Virender Pratap Singh Charak,
Mr. Deepesh Chaudhary, Ms.
Shubhra Parashar and Mr. Yash Hari
Dixit, Advocates for UOI.

(55)
+ W.P.(C) 14082/2023
CHAMMNI BAI ..... Petitioner
Through:

versus

DELHI URBAN SHELTER IMPOROVEMENT BOARD AND
ORS. ..... Respondents
Through: Mr. Parvinder Chauhan, Mr. Anuj
Chaturvedi and Ms. Shreya Manjari,
Advocates for DUSIB.
Mr. Vedansh Anand, GP for UOI.
Mr. Sanjay Katyal, SC for DDA with
Mr. Nihal Singh, Advocate for R-2.
Mr. Siddharth Khatana, SPC with Mr.
Vedansh Anand, Advocate for R-5.

CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER

% 17.11.2023

1. The Petitioners are the residents of Pratap Nagar camp, Nehru Nagar W.P.(C) 14888/2023 Page 9 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/11/2023 at 22:26:22 have approached this Court stating that are entitled to the benefit of the Jawaharlal Nehru National Urban Renewal Mission initiated in the year 2005.

2. It is stated by the Petitioners that pursuant to the enactment of the Delhi Urban Shelter Improvement Board Act, the Delhi Urban Shelter Improvement Board was set up and Delhi Government Rehabilitation Policy, 2013 was formulated by the Respondents.

3. It is stated that for availing the benefit of the rehabilitation policy, the Petitioners were to submit complete necessary documents with the Respondents. It is stated that the said condition was complied with by the Petitioners and the Petitioners submitted all the necessary documents to the DUSIB.

4. It is stated that a draw of lots was conducted and all the Petitioners were allotted flats subject to their depositing various amounts depending upon the allotments which have been paid. It is stated that the entire payments have been made way back in the year 2014 but the Petitioners have not yet been allotted the flats. Material on record also indicates that allotment to the Petitioners have been put on hold by the DUSIB.

5. Mr. Parvinder Chauhan, learned Standing Counsel for the DUSIB, draws the attention of this Court to an Order dated 18.09.2023 passed by the Division Bench of this Court in Court on its Own Motion v. Union of India & Ors., W.P.(C) 9470/2022.

6. The Division Bench in order to address the problem of persons who have been allotted alternate accommodation but have not yet got the possession has passed the following order:-

"Observations and directions

4. We have heard Mr. Anurag Ahluwalia, Mr. W.P.(C) 14888/2023 Page 10 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/11/2023 at 22:26:22 Parvinder Chauhan, learned counsel for Union of India and DUSIB, respectively, and also Mr. Sudhir Makkar, Amicus Curiae, and have also carefully perused the record. From the joint status report, one can discern a layered complexity in the administrative procedures and their execution. The JNNURM, launched in 2005, had the noble aim of bettering urban infrastructure and improving the lives of the urban poor. Over time, the essence of this mission has been diluted. For example, the sanctioned project of constructing 52,344 houses with estimated cost of Rs. 2,415.82 crores saw the Central Government committing Rs. 1,074.12 crores till 31st March, 2017. Despite such investment, the report indicates that a significant number of the houses remain unconstructed or unallotted. Furthermore, the GNCTD's Rehabilitation Policy, 2015, designed to address the removal of jhuggijhopri bastis and offer relocation of their inhabitants to the flats in question, also seems to be in a state of limbo. The DUSIB cites "lack of references from land owning agencies" as one of the reasons. The non-execution of a MoA concerning ARHCs and the absence of a coherent policy for allocation, has further exacerbated the issue, resulting in the non-utilization of 9,104 flats. The joint affidavit filed by DUSIB and GNCTD further highlights the internal complexities and bureaucratic delays. With DSIIDC being endowed with the responsibility to construct over 18,000 houses, the subsequent re- notification of provisions of the National Capital Territory of Delhi Laws (Special Provisions) Act, 2007, to remain effective till the end of 2023, seems to be one of the primary causes of delay in construction and allotment.

5. The present state of affairs, evidenced from the documents provided and the stands taken by both, the Union Government and GNCTD, resemble a stalemate or, more appropriately, a logjam. There is a noticeable W.P.(C) 14888/2023 Page 11 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/11/2023 at 22:26:22 disconnect between the Union Government and the GNCTD, with both parties seemingly keen to advance their respective welfare schemes, even if it is at the cost of the primary objective. The progression towards the targeted goal is almost stagnant. However, the Court's main concern here is the beneficiaries - the urban poor, who continue to be marginalized. They stand deprived of housing and shelter, an essential component for dignified living. It deeply saddens the Court to witness such a situation. The DUSIB, which operates under the GNCTD, shoulders an immense responsibility in this regard. It has the duty to rehabilitate many individuals displaced from jhuggi- jhopri clusters, some of whom have already fulfilled their financial obligations towards their entitled allotments under the JNNURM, but are left hanging, devoid of a resolution.

6. The continual suffering of the eligible beneficiaries is not just unfortunate, but also a grave injustice. Given these considerations, it is paramount that the two Governments who joined hands to implement the scheme, set aside their differences, and collaborate to reach a consensus. In light of the above, we strongly recommend the constitution of a HighPowered Committee encompassing all stakeholders, namely representatives from the MoHUA, Government of India, Delhi Development Authority, DUSIB, and the GNCTD. This Committee's core objective should be to expedite the process and find a harmonious resolution, keeping the best interests of beneficiaries at the forefront.

7. It has further come to our notice that due to the delay and inevitable decay of infrastructure caused by non-use, some of the constructed houses require immediate repairs. It is imperative that the GNCTD formulates a robust action plan, ensuring not just the completion of pending construction, but also W.P.(C) 14888/2023 Page 12 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/11/2023 at 22:26:22 addressing the repair needs of the already constructed houses. Additionally, concerns regarding the reluctance of eligible citizens to occupy these homes, primarily due to the absence of basic civic amenities, have been raised before us. Thus, it becomes crucial to involve all pertinent agencies to ensure that the constructed houses are well-equipped with essential facilities, such as consistent water supply, proper sewage systems, electricity etc.

8. In conclusion, as welfare and betterment of citizens are fundamental for every governing body, it is the duty of these bodies to work in tandem. The aim should always be the collective good, ensuring that the rights and needs of the most vulnerable sections of society are never overshadowed by administrative differences.

9. Accordingly, following directives are issued:

9.1 A High-Powered Committee comprising of Secretary, MoHUA, Government of India, Vice-

Chairperson, Delhi Development Authority, Chairperson, DUSIB, Principal Secretary, GNCTD, Chairperson, Delhi Jal Board, and Chairperson, DSIIDC, shall be established immediately. This Committee will be tasked with streamlining the process of house allotment to eligible beneficiaries. Immediate steps should be taken for allotment of 9,104 constructed flats to the eligible beneficiaries. The Committee members shall be authorized to co-opt additional officers from concerned governmental divisions or departments, as deemed necessary to efficaciously implement the directives.

9.2 The Committee will chalk out a clear and concise policy for the allocation and allotment of houses, particularly addressing the concerns raised about ARHCs and the Rehabilitation Policy, 2015. Priority must be given to those who have already paid their W.P.(C) 14888/2023 Page 13 of 15 This is a digitally signed order.

9.3 The Committee shall also supervise the remaining construction and repair work, with an emphasis on collaboration and clear and actionable outcomes. The GNCTD is directed to immediately formulate and present an action plan to the Committee, detailing the timeline and methodology for the completion of the balance construction and repair work.

9.4 Relevant agencies are mandated to ensure that all houses are equipped with essential civic amenities, including water, sewage, and electricity. The Delhi Jal Board is tasked with the responsibility to ensure sewerage connections and water supply. The concerned electricity supply company shall also be involved for ensuring laying of electricity cables. A report detailing the action taken should be submitted to this Court within three months from the release of this order.

9.5 A sub-committee or a dedicated team should be instituted to engage with potential beneficiaries. Their concerns, particularly about the lack of amenities, should be addressed, ensuring that the houses are not just structures but truly homes for the urban poor.

9.6 The High-Powered Committee shall endeavour to hold the first meeting within 15 days of the release of this order and continue to hold further meetings as and when required. They shall present a bi-monthly report to this Court, detailing the progress made in each area outlined above.

9.7 To address the purported lack of interest from eligible beneficiaries, a targeted public awareness campaign must be launched, informing them of the availability of houses and the process of application.

W.P.(C) 14888/2023 Page 14 of 15

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/11/2023 at 22:26:23

10. The Court sincerely hopes that these directions will pave the way for a resolution to this prolonged issue, ensuring that the urban poor of our society are not left waiting in the shadows, but are provided with the homes that they rightfully deserve. We expect strict compliance with these directions and await positive reports on progress in the coming months.

11. List on 18th December, 2023 for reporting of outcome and further directions."

7. Since the Division Bench is already in seisin of the matter, this Court does not deem it expedient to continue with the present writ petitions.

8. It is always open for the Petitioners to get themselves impleaded before the Division Bench, if necessary, to assist the Division Bench of this Court.

9. The High Powered Committee which has been constituted by the Division Bench, in view of the aforesaid, is requested to look into the matter of non-payment of the amounts by various land owning agencies.

10. The petitions are disposed of along with pending application(s), if any.

11. Liberty is granted to the Petitioners to approach this Court in case need arises in future.

SUBRAMONIUM PRASAD, J NOVEMBER 17, 2023 hsk W.P.(C) 14888/2023 Page 15 of 15 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/11/2023 at 22:26:23

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