Delhi High Court - Orders
Sarojini Nagar Jhuggi Jhopri Vikas ... vs Shri P K Gupta & Ors on 12 April, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 407/2023 and CM APPL. 15957/2023, 15958/2023
SAROJINI NAGAR JHUGGI JHOPRI VIKAS
SAMITI ..... Petitioner
Through: Mr. Kamlesh Kumar Mishra, Ms.
Renu, Mr. Bibhuti Bhushan Mishra,
Ms. Shivalika, Mr. Akhil Rexwal, Mr.
Kailash Jha & Mr. Aditya, Advocates
(M- 9650763963)
versus
SHRI P K GUPTA & ORS. ..... Respondents
Through: Mr. Anurag Ahluwalia, CGSC with
Mr. Tarveen Singh Nanda, Govt.
Pleader for R-2 (M- 9555551536).
Mr. Mohd. Irsad, ASC (Civil),
GNCTD with Ms. Nasreen, Advocate
for R-5 (M- 9540293691)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 12.04.2023
1. This hearing has been done through hybrid mode.
2. The present contempt petition has been filed by the Petitioner under Sections 2(B) and 12 of the Contempt of Courts Act, 1971 read with Article 226 of the Constitution of India, 1950 against the contemnors for non- compliance of the order dated 9th May, 2022 passed in Cont. Case (C) No. 441/2022 titled Sarojini Nagar Jhuggi Jhopri Vikas Samiti v. Suresh Kumar, Engineering Officer, L&DO.
3. The allegation in the present contempt petition is that coercive steps are being taken by the NBCC and its subcontractors to displace the members of the Petitioner.
Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CONT.CAS(C) 407/2023 Page 1 of 5 Signing Date:15.04.2023 16:49:554. Ld. Counsel for the NBCC submits that no coercive steps are being taken by it or its subcontractors and the writ petition being W.P(C) 3796/2021 titled Sarojini Nagar Jhuggi Jhopri Vikas Samiti v. GNCTD is listed on 21st July, 2023.
5. It is noticed that this Court in similar writ petitions - the lead matter being, W.P.(C) 11202/2022 titled Kaptan v. Union of India relating to Netaji Nagar, Sarojini Nagar and Nauroji Nagar has already passed order dated 19th January, 2023 disposing of the petitions of similarly situated persons and has permitted them to approach the nodal officer of the L&DO for verification and further processing of their claims and documents. The extract of the said order is extracted below:
"7. The Petitioners rely on a Memorandum of Understanding (MoU) dated 25th October, 2016 between the Ministry of Urban Development and NBCC which covers Netaji Nagar, Sarojini Nagar and Nauroji Nagar to highlight their concern. Ld. Counsel points out Clause 2.6 which reads as under:-
"2.6 L&DO shall take action for relocation and rehabilitation of JJ Clusters, if any, existing in these colonies to alternative accommodations. They shall work out detailed rehabilitation and relocation plan, which may affect the progress of work, in advance."
8. As per the above Clause, the L&DO is to take the required action for relocation and rehabilitation of the JJ clusters and they would work on rehabilitation and relocation plan.
9. Accordingly, it is prayed that the eviction notice issued on 4th April, 2022 should be stayed and the rehabilitation policy should be directed to be framed by the L&DO and the Authority should cease any further eviction.
10. Ld. Counsel for the Respondent- L&DO points out that in respect of Sarojini Nagar which the same MoU also covers, the Supreme Court has taken cognizance of the matter in SLP Civil Diary No. 12350/2022 titled 'Vaishali (minor (through Next Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CONT.CAS(C) 407/2023 Page 2 of 5 Signing Date:15.04.2023 16:49:55 Friend Mrs. Sita Devi) and Ors. v. Union of India and Ors.' In the said matter, vide order dated 25th April, 2022, an undertaking by the ld. ASG was recorded, that no coercive measures would be taken against the occupants of the jhuggis of Sarojni Nagar. The said order reads as:
Mr. K.M. Nataraj, learned Additional Solicitor General, who has been served with a copy of the special leave petition just today, seeks time to address the Court.
List the matter on 02nd May, 2022.
We record the submission of the learned Additional Solicitor General that no coercive steps will be taken till the next date of hearing.
11. In the said matter vide order dated 2nd May, 2022 the submission on behalf of the Revenue has been noted of the ld. ASG to the following effect:-
"Mr. K. M. Nataraj, learned Additional Solicitor General, on instructions, would submit that a nodal officer will be appointed and it will be open to the petitioners to submit details regarding (1) location of the Jhuggi;(2) duration of their stay in that location; (3) any document supporting such details; ( 4) details of the 172 families (family members) as mentioned in Annexure P-1; (5) the details of the income and the vocation being carried out by them.
Such details as mentioned above will be made available within 10 days from today to Nodal Officer:
Shri Shiv Kumar Mishra, Section Officer, Land and Development Office, Ministry of Housing and Urban Affairs, Government of India, Room No. 638, 'A' Wing, Land and Development Office, Nirman Bhavan, New Delhi - 110001.
(Email Id: [email protected]) (Mob : +91 9911863486) .
It will be open to the nodal officer to carry out the necessary physical verification on the basis of the Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CONT.CAS(C) 407/2023 Page 3 of 5 Signing Date:15.04.2023 16:49:55 details given on all the aspects.
List the matter in the third week of July, 2022. Undertaking given by the learned Additional Solicitor General will continue till the next date of hearing. The present exercise will be without prejudice to the rights and contentions of both the sides. Impleadment application (D. No. 65762/2022) by Sarojni Nagar Jhuggi Jhopri Vikas Samiti is disposed of by relegating the applicant before the High Court where counsel states petition is pending, where it can seek appropriate remedy. Application for impleadment stands disposed of."
12. This order has been reiterated on 18th July 2022, which reads as under:-
Mr. K. M. Nataraj, learned Additional Solicitor General, would submit that on the receipt of details, the matter is being processed. List the matter after a month.
13. Accordingly, Mr. Sushil Kumar, ld. Counsel for the Respondents submits that the Petitioner would have to approach the Nodal officer who has now been appointed by the L&DO and submit all the details, including the documents so as to enable physical verification.
14. In view of the fact that the MoU which covers Sarojini Nagar is the same as the one which covers Netaji Nagar and considering the Petitioners herein are residents of Netaji Nagar, the orders passed by the Supreme Court ought to apply qua the Petitioners in these cases as well.
15. Accordingly, the Petitioners are permitted to appear before the Nodal Officer as captured above in paragraph 11 above, in order to enable physical verification of the Petitioners' jhuggis and their documents. The interim protection granted in respect of the jhuggis in Sarojini Nagar, in terms of the orders passed in the above SLP i.e., Vaishali (Supra) would also accrue to the Petitioners in these three writ petitions as well, given the submissions made by the L&DO.
16. The Petitioners are free to approach the Nodal officer of the L&DO for the verification and further processing of Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CONT.CAS(C) 407/2023 Page 4 of 5 Signing Date:15.04.2023 16:49:55 their claims. The Petitioners shall be bound by any mechanism evolved in respect of similarly placed persons, subject to the verification of their credentials."
6. The above order shall also apply qua the Petitioners as well. Accordingly, it would be open to the Petitioner to approach the Nodal Officer of L&DO within ten days for verification and further processing of the claims.
7. No further orders are called for in the contempt petition and the same is accordingly disposed of.
8. All pending applications are also disposed of.
PRATHIBA M. SINGH, J.
APRIL 12, 2023 Rahul/SK Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CONT.CAS(C) 407/2023 Page 5 of 5 Signing Date:15.04.2023 16:49:55