Pooja Singh & Anr. v. Union of India & Ors.

1. Two residents of the Jhuggi Jhopri basti („JJ basti) at Pul Mithai, Naya Bazar, North Delhi filed the present petition on 20th February, 2018. They stated that they had been rendered homeless after a demolition drive was carried out by the Northern Railways (Respondent No.1) on 20th December,

2017. It was stated that about 45 jhuggies were demolished without making alternative arrangements and in violation of the directions issued by this Court in Sudama Singh v. Government of Delhi (2010) 168 DLT 218 (DB), the Master Plan of Delhi, 2021 („MPD-2021‟), the provisions of the Delhi Urban Shelter Improvement Board Act, 2010 („DUSIB Act‟), as well as the National Capital Territory Laws (Special Provisions) Second (Amendment) Act, 2011. It was stated that neither DUSIB (Respondent No.2) nor any other agency had taken any action to rehabilitate the affected jhuggi residents in terms of the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015.

2. The petition first came up for hearing before the roster Bench of the learned Single Judge on 1st March, 2018, when the counsel appearing for the Railways sought a day‟s time to take instructions. The case was next listed for hearing on 5th March, 2018 when the following order was passed: “1. On the last date of hearing, Mr. Jagjit Singh appeared for respondent No.1 and sought time to take instructions. Today Mr. Om Prakash appears for the respondent No.1. He states, he would accept notice and file a counter affidavit.

2. It is the case of the petitioners that about 400 persons (approximate) living in 45 jhuggis (hutments) at Railway Colony, Pul Mithai 11 Clusters, Tis Hazari since 1965 and having proper proof of identity and residence, have been rendered homeless after a massive demolition drive carried out by the respondent No.1 with the aid and assistance of respondent No.3 on December 20, 2017, without issuance of any notice of demolition.

3. It is the submission of the learned counsel for the petitioners that demolished jhuggi cluster was a declared "jhuggi jhopri basti" under Section 2(g) of the DUSIB Act, 2010 and it is in the list of JJ Clusters issued by DUSIB. It is also his submission that the demolition has been carried out in violation of the directions of this Court in the case of Sudama Singh and Ors. v. Government of NCT of Delhi and Anr. (2010) 168 DLT 218(DB) and the National Capital territory of Delhi Laws (Special Provisions) Second (Amendment) Act, 2011, the protection thereof has been extended till December 31, 2020. He states, neither respondent No.1 nor respondent No.2 till date have taken any action to rehabilitate the affected jhuggi residents in terms of the Delhi Slum and J.J. Rehabilitation and Relocation Policy, 2015.

4. He has placed reliance on an order passed by the Division Bench of this Court in W.P. (C) No. 1161612015 Ajay Maken v. Union of India and Ors dated December 14, 2015, wherein according to him the Division Bench is seized of a similar issue, with respect to the Shakur Basti where 1600 jhuggis have been demolished. He also draws my attention to para 12 of the order, which reads as under:

5. He seeks a similar direction in favour of the petitioners and requests, that as a similar issue is pending consideration before the Division Bench, it would be appropriate that this matter be also listed along with Writ Petition No.11616/2015.

6. Notice. Counsels as above accept notice. Counter affidavits be filed within three weeks. Rejoinders be filed within one week thereafter.

7. Noting the submissions made above by the learned counsel for the petitioners, this Court would like to impress upon the Govt. of NCT of Delhi and the Railways that they should act immediately, in coordination, to ensure that the minimum need of decent shelter is provided to the homeless displaced population at Railway Colony, Pul Mithai JJ Clusters, Tis Hazari. It is made clear that the displaced population should not be subjected to any further forced or violent action till such time their satisfactory rehabilitation does not take place. The Court would like the GNCTD and the Railways to pay particular attention to the needs of shelter, health, food and education of the displaced population. It is also made clear that the counter affidavit to be filed by the respondents shall also state, if any survey in terms of the judgment of this Court in Sudama Singh and Ors. v. Government of NCT of Delhi and Anr. (supra) for preparing a comprehensive list of persons including men, women and children has been prepared. The details when notices were issued to each of the persons and whether and how said notices were served, be also indicated in the counter affidavit(s).

8. The learned counsel for the respondents have no objection if this matter is listed along with the W.P.(C) No. 11616/2015. Subject to the orders of Hon‟ble the Acting Chief Justice, list this matter before the Division Bench where W.P.(C) No. 1161612015 Ajay Maken v. Union of India and Ors is pending, on 2th April, 2018. Order Dasti.”

3. Thereafter, the writ petition continued before the present Division Bench of this Court. By an order dated 31st August, 2018, the Tata Power – Delhi Distribution Limited („TPDDL‟) was impleaded in the writ petition as a party Respondent, as issues were raised concerning providing electricity connection in the JJ Clusters. The petition was heard along with W.P. (C) No.11616/2015 (Ajay Maken v. Union of India).

4. Complaining of the non-compliance with the directions issued by the learned Single Judge on 5th March, 2018, the Petitioner filed Cont. Cas (C) No.455/2018. This contempt petition first came up for hearing on 1st June 2018, when notice was issued to the Respondents/Contemnors requiring them to file their respective affidavits within two weeks. At the hearing on 27th July, 2018, the following order was passed in the contempt petition:

5. At the next hearing on 31st August, 2018, the following order was passed: