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WPC No.2859/2007 Page 1 10 & 14 HIGH COURT OF DELHI
W.P.(C) 2859/2007
RAVINDER & ORS. ..... Petitioners
Through Mr. M. Hasibuddin and Mr. Sandeep Kumar, Advocates.
W.P.(C) 2859/2007
RAVINDER & ORS. ..... Petitioners
Through Mr. M. Hasibuddin and Mr. Sandeep Kumar, Advocates.
VERSUS
UOI & ANR. ..... Respondent
Through Mr. O.P. Saxena, Adv. Mr. Sanjeev Sabharwal, Adv. for GNCTD.
Through Mr. O.P. Saxena, Adv. Mr. Sanjeev Sabharwal, Adv. for GNCTD.
W.P.(C) 9399/2007
PANNA LAL SHAHU & ORS. ..... Petitioners
Through Mr. M. Hasibuddin and Mr. Sandeep Kumar, Advocates.
PANNA LAL SHAHU & ORS. ..... Petitioners
Through Mr. M. Hasibuddin and Mr. Sandeep Kumar, Advocates.
VERSUS
UOI & ORS. ..... Respondent
Through Mr. O.P. Saxena, Adv. Mr. Sanjeev Sabharwal, Adv. for GNCTD.
Through Mr. O.P. Saxena, Adv. Mr. Sanjeev Sabharwal, Adv. for GNCTD.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA O R D E R 18.03.2010
Claim made by the petitioner is covered by the
Claim made by the petitioner is covered by the
JUDGMENT
of the Division
Bench of this Court dated 11th February, 2010 in W.P.(C) No.8904/2009 titled
Sudama Singh and Others Vs. Government of Delhi and Another and other connected matters. In the operative portion of the said judgment, the Division
Bench has declared as under:-
“62. It is declared that:
(i) The decision of the respondent holding that the petitioners are on the ‘Right of Way’ and are, therefore, not entitled to relocation, is hereby declared as illegal and unconstitutional.
(ii) In terms of the extant policy for relocation of jhuggi dwellers, which is operational in view of the orders of the Supreme Court, the cases of the
2010:DHC:1583 WPC No.2859/2007 Page 2 petitioners will be considered for relocation.
(iii) Within a period of four months from today, each of those eligible among the petitioners, in terms of the above relocation policy, will be granted an alternative site as per MPD-2021 subject to proof of residence prior to cut-off date.
This will happen in consultation with each of them in a ‘meaningful’ manner, as indicated in this judgment.
(iv) The State agencies will ensure that basic civic amenities, consistent with the rights to life and dignity of each of the citizens in the jhuggies, are available at the site of relocation.”
The writ petitions are disposed of in terms of the aforesaid directions and subject to verification etc.
SANJIV KHANNA, J.
MARCH 18, 2010 NA 2010:DHC:1583
Bench of this Court dated 11th February, 2010 in W.P.(C) No.8904/2009 titled
Sudama Singh and Others Vs. Government of Delhi and Another and other connected matters. In the operative portion of the said judgment, the Division
Bench has declared as under:-
“62. It is declared that:
(i) The decision of the respondent holding that the petitioners are on the ‘Right of Way’ and are, therefore, not entitled to relocation, is hereby declared as illegal and unconstitutional.
(ii) In terms of the extant policy for relocation of jhuggi dwellers, which is operational in view of the orders of the Supreme Court, the cases of the
2010:DHC:1583 WPC No.2859/2007 Page 2 petitioners will be considered for relocation.
(iii) Within a period of four months from today, each of those eligible among the petitioners, in terms of the above relocation policy, will be granted an alternative site as per MPD-2021 subject to proof of residence prior to cut-off date.
This will happen in consultation with each of them in a ‘meaningful’ manner, as indicated in this judgment.
(iv) The State agencies will ensure that basic civic amenities, consistent with the rights to life and dignity of each of the citizens in the jhuggies, are available at the site of relocation.”
The writ petitions are disposed of in terms of the aforesaid directions and subject to verification etc.
SANJIV KHANNA, J.
MARCH 18, 2010 NA 2010:DHC:1583