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3. In this public interest litigation the problem arose since the squatters and encroachers on public land had to be removed who could not be so removed in view of the policy of the respondents requiring the land to be first made available to such persons for their removal and relocation as a pre-requisite to their being moved from the areas where they had squatted. In the proceedings on 13.8.2001 the Slum and JJ Department of the Municipal Corporation of Delhi stated that the removal and relocation of Jhuggis was confined only to relocate the Jhuggi Jhonpri dwellers provided the land owning agencies bear the cost of relocation as per the approved policy. Whenever the land encroached upon is required by the land owning agency a request is made to the Slum and JJ Department to carry put a joint survey of the area in question, to determine the number of Jhuggi that are existent. The most essential step for implementation in the scheme is the requirement of providing requisite land by the State Government or the Delhi Development Authority, as the case may be, which land is then developed by the Slum and JJ Department. Such relocation has not been possible in large numbers because land cannot be manufactured and increased and that itself is a limiting factor.

5. This problem of relocation of Jhuggi dwellers was arising in a number of cases where public interest petitions were filed to clear public land and utilise it for the purpose meant under the Master Plan. It was in these circumstances that in terms of the order dated 13.8.2001 this Court decided to examine the legality, validity and propriety of such a policy and all the necessary authorities were made parties. Union of India, through Secretary, Ministry of Urban Development and Employment, Department of Urban Employment and Poverty Alleviation were also imp leaded as parties other than the State Government and DDA who were already parties. Affidavits and written submissions have been filed by the parties and oral submissions were heard at length. Since another petition being CW 2112/ 2002 also raised similar issues, the same was also heard along with CW 4441/1994 in which this question of law was being examined.

8. The Slum and JJ Department has also placed on record the annual plan outlay for 2001-2002 of the NCT of Delhi for its department. The relevant portion of the same dealing with the enormity of the problem is as under :

SLUM & JJ. Deptt. (MCD) Relocation of JJ Squatters (Rs. 2400.00 lakh) Delhi continues to face the problem of mushrooming growth of JJ Clusters on land pockets belonging to various land owning Agencies i.e., DDA, MCD, NDMC, Delhi Cantonment Board, Railways, Govt. Departments, CPWD, L&DO, Departments of Delhi Govt. and other autonomous organisations.
Approximately three lakh fresh migrants come into Delhi every year in search of gainful employment opportunities, which are easily available in unorganized and informal segments of the metropolitan economy. Delhi started witnessing the problem of Jhuggi jhompris w.e.f. 1960 onwards. The huge influx of population from all parts of the country resulted in proliferation of JJ clusters/ squatter settlements.
JHUGGIE JHOMPRI RESETTLEMENT -- BACKGROUND In Delhi prior to inception of 7th Five Year Plan, about 2.40 lakh JJ familities had been settled in 46 JJR Colonies where these families were given plots varying from 18 sq. mts. to 21 sq. mts. depending upon magnitude of the problem and physical/financial constraints with basic infrastructural facilities provided in phases.