T Huts, Shakti Nagar, Jhuggi Jhopri Vikas Samiti v. Shri Ashok Kumar Verma And ORS

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1845/2024&CM APPL. 67849/2024 T HUTS, SHAKTI NAGAR, JHUGGI JHOPRI VIKAS SAMITI .....Petitioner Through:

Ms. Renu & Ms. Jyoti Thakur, Advocates.

versus SHRI ASHOK KUMAR VERMA AND ORS .....Respondents Through:

Mr. Siddhartha Sankar Ray, CGSC with Mr. Jitender Kumar Tripathi, GP with Ms. Smritika Kesri, Advocate.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 20.08.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Section 2(b) read with Section 12 of the Contempt of Courts Act, 1971 seeks the following prayers: "I. Initiate contempt proceedings against the contemnor(s) for noncomplying with their own undertaking and directions passed in the final order/ Judgement Dated 14.08.2023 Passed by this Hon'ble Court in Contempt Case No. 58 Of 2022 T-Huts Shakti Nagar Jhuggi Jhopri Vikas Samiti Versus Ashutosh Gangal General Manager Northern Railways & Ors.

II.

Pass an order directing immediate compliance of the final order and judgement dated Dated 14.08.2023 Passed by this Hon'ble Court in Contempt Case No. 58 Of 2022 T-Huts Shakti Nagar Jhuggi Jhopri Vikas Samiti Versus Ashutosh Gangal General Manager Northern Railways & Ors.

III. Pass an order directing the authorities to ensure that no demolition of the jhuggies at T Huts, Under Bridge, Behind FCI Godown, Shakti Nagar, New Delhi 110007 including and but not limited to the list of slum dwellers annexed with the present petition is conducted till the pendency of the present petition. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/08/2025 at 11:48:54

IV. Pass such other and further Order(s) as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case." 3.

Learned counsel for the respondent has placed on record the status report, wherein para-8 reads as under:

"8. However, as the petitioners moved against the action of the Railway and as the matter was listed before the Hon 'ble High Court on 21. I 1.2024, removal of encroachments was not carried out with due regard to the court proceedings and as such, the encroachments are still present at the site. It is hereby clarified that the Railway intends to remove only those encroachments that fall within the 1015 meter safety zone of the railway track as it is statutory responsibility under Section 147 of the Railway Act, 1989 whereby the Railway authorities are empowered to take action against trespass of the railway land. This measure is necessary as the presence of any kind of encroachments within this safety zone significantly increases the risk of accidents. Each passing day with the encroachment present at the site is endangering the functioning of the trains increasing the chances of any mishappening. Therefore, prompt action against the encroachment in the present matter is most necessary."

4.

In view of the above, learned counsel for the petitioner does not wish to press the present petition.

5.

Accordingly, the present petition is disposed of as not pressed. 6.

Pending application(s), if any, also stands disposed of. AMIT SHARMA, J AUGUST 20, 2025/bsr/dj The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/08/2025 at 11:48:54