Sh. Rajesh Kumar & Ors. v. Union of Estdia & Anr.

1. The five petitioners claim to be residing in quarter Nos.23,25,27 and 29 at Barron Road, New Delhi and for 2016:DHC:9250 whom a Re-Housing Scheme near Kali Masjid in Municipal Ward No.VIII of the Walled City was launched; it is however the case of the petitioners that in the Re-Housing Scheme only about 200 flats were constructed leaving the petitioners and a large number of others still awaiting rehabilitation / re-housing. Thepetitioners fearing dispossession filed this petition seeking directions for allotment of alternative accommodation and restraint against their dispossession till then.

2. Notice of the petition was issued and status quo ^' directed to be maintained with respect to quarter Nos.23,25,27 ^d 29 at Barron Road, New Delhi of the petitioners. The said interim order has continued till now.

3. The respondent Slum and J.J. Department of the MCD now converted into Delhi Urban Shelter Improvement Board has filed a counter affidavit in February, 2010 in which it is inter alia stated that the demolition /dispossession action was initiated only after offering alternative flats at Tilak Vihar, Delhi but which were not accepted; that the quarter Nos.[2] and12, 43 and 21 are lying vacant; that the land underneath the quarters in possession of the petitioners is required urgently for setting up ofthe CNG filling station in the larger public ^ interest; that the petitioners can be shifted temporarily to quarter Nos.[2] andl[2], 43and21 from their existing quarters to enable the public work to be carried out., 4. Inspite of the aforesaid, the petitioners have been seeking adjournment on, 26th February, 2010, 28th April, 2010 and 9th September, 2010. The writ petition was listed last on 18th-Januai^', 2011 when also adjournment was sought. The matter was adjourned for today making it clear that no fiirther adjoumraent shall be granted.

5. Today the counsel for the petitioners states that the \1 arguing counsel for the petitioners is put of station and unwell there. She is however unable to state as to when he will come back and states that she has been instructed to inform this much only to this Court. There does not appear to be any justification in holding up the public work when the offer given by the Delhi Urban Shelter Improvement Board is found to be just and reasonable.

6. In the circumstances, the interim order is vacated. The petitioners are however given 10 days time to shift to the alternative accommodation offered to them as aforesaid. Ifthey do not shift within the said 10 days, the respondent 4 shall be entitled to dispossess the petitioners from the quarters in their possession. List the writ petition for hearing on 5th August, 2011". Petitioners did not shift to the alternative accommodation which was offered to them, despite the fact that five years have passed since then. It may be noted that the land underneath the quarters, in possession of the petitioners, has to be handed over to the concerned authority for setting up ofa CNG filling station, in the larger public interest. ^; However, setting up of the CNG station is unnecessarily delayed, since petitioners are not vacating the quarters, despite the fact that alternative accommodation has now been allotted to them. It may be noted that respondent has allotted alternate flats to the petitioners, which have been detailed in the status report filed by the DUSIB, in compHance of order dated August, 2014. Work of setting up ?y; 1^' of CNG filling station cannot be delayed any further. Petitioners shall collect their respective allotment letters, in respect of the accommodation allotted to them as detailed in the status report filed by DUSIB, within one week and shift therein within a week thereafter. Learned counsel for DUSIB has assured that petitioners will also be handed over the possession of the quarters allotted to them within one week, subject to verification of their identity. It is made clear that in case petitioners do not take possession of the quarters allotted to them and shift therein within 15 days respondents would be at liberty to take forcible possession of the quarters presently occupied by the petitioners. Boththe writpetitions are disposed of in the above terms. Dasti. XK.pathak,j. JANUARY 25,2016 ga