Delhi High Court - Orders
Udal & Ors vs Delhi Urban Shelter Improvement Board & ... on 29 July, 2022
Author: Mukta Gupta
Bench: Mukta Gupta, C. Hari Shankar
$~11 (Special DB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 5378/2017
REVIEW PET. 392/2019,
CM APPL. 42187/2019,
CM APPL. 42188/2019
UDAL & ORS. ..... Petitioner
Represented by: None.
versus
DELHI URBAN SHELTER IMPROVEMENT
BOARD & ORS. ..... Respondent
Represented by: Mr. Parvinder Chauhan,
Advocate for R1-
DUSIB/review petitioner.
Mr. Shreyansh Rathi, Adv.
for R4-NHAI.
Ms. Zehra Khan, Adv. for
Non-applicant/Meera Devi in
review petition.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 29.07.2022 CM APPL. 42187/2019 (for exemption)
1. Exemption allowed subject to just exception.
2. Application is disposed of.
CM APPL. 42188/2019 (for condonation of delay) in filing Review Petition
1. In view of the reasons stated in the application, delay in filing the review petition is condoned.
Signature Not Verified Digitally Signed By:ATISH GOEL Signing Date:04.08.2022 19:37:022. Application is disposed of.
REVIEW PET. 392/2019 (filed by R1/DUSIB)
1. By this petition, the review petitioner i.e. respondent No. 1 in W.P.(C) 5378/2017 has sought review of the judgment dated 1st August 2017 whereby this Court in paras 33 to 35 noted the names of certain persons including A-19-Meera Devi that their residences be verified with complete clarity and thereafter action be taken as per the policy.
2. Learned counsel for the review petitioner states that during the course of verification, the review petitioner came across application of Meera Devi collected as proof of her identity wherein she has given her address as A-41, GN 02, Sewa Sadan, Laxmi Nagar, Delhi as on 1st October 2014 as also the copy of the Ration card and her Voter I.D. Card which noted that she was a resident of 41A, Main Road, Mandawali, Delhi. The said Voter I.D. card was issued in the year 2013, for the reason, 'Age as on 1.1.2013' was mentioned in the said Voter I.D. card. It is thus stated that since on verification, Meera Devi was found to be a non-resident of Rajiv Camp, J.J.Camp, she was not entitled to one dwelling units as directed.
3. Reply has been filed by the non-applicant/Meera Devi. In support of her contention that she was a resident of J.J.Camp, she has placed on record Annexure R-9, copy of the Adhar Card prepared on 16th November 2013 which shows her to be a resident of Jhuggi No. 67, Behind Fire Station, Mandawali Fazalpur. Ms. Meera Devi has also given explanation under which circumstances, she had applied for the food security from the address where her brother-in-law was residing. She further states that in terms of the policy, the person who was residing in the J.J. Camp as on 1st January 2015 was eligible and her Adhar card clearly shows that as on 1 st January 2015, Signature Not Verified Digitally Signed By:ATISH GOEL Signing Date:04.08.2022 19:37:02 she was residing at J.J.Camp, Fazalpur, Mandawali.
4. Considering the copy of the Adhar card placed on record, this Court finds no ground to review the order dated 1st August 2017 passed by this Court in W.P.(C) 5378/2017 vis-a-vis Meera Devi. Faced with this situation, learned counsel for the respondent No. 1/review petitioner states that the review petitioner is not left with any flat/dwelling unit wherein Meera Devi can be accommodated in view of the policy of the Central Government of not permitting the respondent No. 1 to allot a dwelling unit. Since this plea has not been taken in the review petition, we refrain from passing any order thereon.
5. Review petition is accordingly dismissed.
6. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
C. HARI SHANKAR, J.
JULY 29, 2022/akb Signature Not Verified Digitally Signed By:ATISH GOEL Signing Date:04.08.2022 19:37:02