Delhi High Court - Orders
Sarojni Nagar Jhuggi Jhopri Vikas ... vs Government Of Nct Of Delhi & Ors on 6 September, 2023
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3796/2021
SAROJNI NAGAR JHUGGI JHOPRI VIKAS SAMITI..... Petitioner
Through: Mr. Kamlesh Kr. Mishram, Mr.
Aditya, Mr. Dipak Raj, Mr. Kailash
Kr. Jha & Mr. Raghuvansh Pathak,
Advocates.
versus
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Jawahar Raja,
ASC(Civil),GNCTD, with Ms. Aditi
Saraswat & Ms. Varsha Sharma,
Advocates for R-2, 4 & 10-12.
Mr. Sandeep Tyagi, SPC for R-4 &
10.
Mr. Sandeep Tyagi, Sr. Panel Counsel
for R-4 & 10.
Ms. Aishwarya Bhati, ASG with Mr.
Gudipati G. Kashyap, Ms. Manisha
Chava, Mr. Pratham Sagar for R-5.
Ms. Ankita Sarangi, ASC for NDMC.
Mr. Parvinder Ghauhan & Ms. Aakriti
Garg, Advocates for DUSIB.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 06.09.2023 CM APPL. 8729/2023, CM APPL. 32880/2023 & W.P.(C) 3796/2021
1. The Present Writ Petition has been filed with the following prayers:
"(A) Pass an order directing the authorities to place 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 16/09/2023 at 17:11:48 before this Hon'ble court the Detailed plan for relocation and rehabilitation of the slum Dwellers of Sarojni Nagar area as envisaged under clause Clause 2.6 at page 9 of the MOU dated 25th October 2016 the Ministry of Urban Development, Government of India and NBCC, India Ltd. And if not so direct that the plan for rehabilitation and relocation be prepared.
(B) For a writ of madamus or any other writ quashing the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 to the extent where it allows rehabilitation beyond 5 Kms Radius.
(C) For an order directing the respondents that the member slum dwellers of the petitioner organization be given insitu upgradation by the respondent DUSIB (R2) or if otherwise be rehabilitated within the 5 Km. radius in the near vicinity of the east Kidwai Nagar.
(D) Pass an order directing Respondents to cease any further evictions or harassment of resident Slum Dwellers of the Sarojani nagar area that live in the abovementioned area until appropriate rehabilitation in accordance with the prayers in the present petition.
(E) Pass an order directing the respondent authorities to ensure that the water and electricity connection of the slum dwellers a list of whom is annexed at ANNEXURE P 5 be not disconnected and if disconnected already arrangements be made for adequate supply of water and electricity to the slum dwellers.
(F) Pass an order directing the authorities to ensure that proper arrangement for the ingress and egress from the Jhuggies to the main road of the member slum dwellers of the petitioner organisation be ensured and the same be not inhibited on account of construction in 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 16/09/2023 at 17:11:48 the area.
(G) Pass an order directing the respondents to place on record all the details, Data, documents pertaining to the Sarojani Nagar Area and its redevelopment before this Hon'ble court.
(H) Pass an order directing the respondent NBCC to share the details and list of the survey of the slum dwellers conducted by it and also to place the details of the said survey on record of this Hon'ble court.
(I) Pass an order directing the Authorities to conduct a joint survey to determine the total number of hutments in the sarojani Nagar Area with the help of DUSIB and determine their eligibility for rehabilitation in accordance with the policy of DUSIB.
(J) Pass an order directing the respondent Authorities to place on record the action taken report on the complaints/representations made by the petitioner organisation as well as other resident slum dwellers as detailed in the present petition.
(K) Pass any such directions or order which this Hon'ble court deems fit and proper in the facts and circumstances of the above mentioned case."
2. Material on record discloses that SLP (C) 9300/2023 has been filed by persons who are similarly situated as the Petitioner herein. The Apex Court has directed the Land and Development Office to pay a sum of Rs.3,00,000/- to each of the family which are sought to be displaced and on payment of the said amount the families have been directed to vacate the premises in question. Relevant portion of the said order reads as under:
"2. We further give time till 31.05.2023 for the families 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 16/09/2023 at 17:11:48 represented by the petitioners to vacate the premise in question. We direct in the interest of justice that at the time of vacating the premise in question which means on or before 31.05.2023, the respondent No.1 through Land and Development Office will pay a sum of Rs.3,00,000/- (Rupees Three Lakh) to each of the families. In order to facilitate the payment of the amount to the members of the families represented by the petitioners, within a period of ten (10) days from today, they shall nominate a person who is authorised to receive the amount of Rs.3,00,000/- (Rupees Three Lakh) to the respondent No.1 along with bank details.
In other words by 31.05.2023, the amount should be paid as aforesaid. Equally time is granted till 31.05.2023 for the families to continue at the present premises in question.
3. Since it is pointed out that there are other accommodation which is available under the schemes for persons like the petitioners, if the petitioners make application in regard to the same under the same to the concerned Competent Authority, who will take decision based on eligibility and in accordance with law. Needless to say, any such application will be considered with sympathy that the applicants deserve."
3. This Court is of the opinion that this Order should apply mutatis mutandis to the present case also.
4. Accordingly, the NBCC through Land and Development Office is directed to pay a sum of Rs.3,00,000/- to each family within ten days from today.
5. List on 25.09.2023 to ascertain the status regarding payment of money.
6. It is made clear that on 25.09.2023 if this Court is satisfied that the 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 16/09/2023 at 17:11:48 amounts have been disbursed, then the members of the Petitioner organization will be directed to vacate the premises in question within a period of 30 days.
SUBRAMONIUM PRASAD, J SEPTEMBER 06, 2023 Rahul 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 16/09/2023 at 17:11:48