High Court of DelhiW.P.(C)/3371/2015

Mukundilal Chauhan & ORS v. Govt Of India & ORS

2016-07-14Hon'Ble Mr. Justice Manmohan2 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3371/2015 MUKUNDILAL CHAUHAN & ORS ..... Petitioners Through Mr. Amiy Shukla and Mr. Adil Sharfuddin, Advocates versus GOVT OF INDIA & ORS ..... Respondents Through Mr.

Anuj Aggarwal, Additional Standing Counsel for GNCTD/ R-1 with Ms. Niti Jain, Advocate Mr. Jagdish Sagar, Standing Counsel with Mr.

Parvinder Chauhan, Advocate for R-3

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 14.07.2016 W.P.(C) 3371/2015 This petition has been filed by six petitioners. They comprise of a group living in a jhuggi cluster at Gadia Lohar Basti at Prem Nagar New Delhi. It had come into existence in 1965. As on date the petitioners are living in this property. This fact is admitted. The prayer in the petition is that in terms of the judgment of a Bench of this Court (passed in WP(C) No. 8904/2009 and another connected matters decided on 11.02.2010,) respondent no. 3 as also respondent no.2 were directed to relocate all those persons who were eligible as per the relocation policy prevailing as on that day.

Learned counsel for respondent no. 2 informs this Court that in the absence of a ration card which the petitioners were not holding on the relevant date vide a intimation dated 28.11.2013 they were informed that they are not eligible for relocation. However, on date a new Policy has now come into the picture and the prevailing Policy dated 11.04.2016 may consider the petitioners case even in the absence of a ration card if other related / relevant documents are available with the petitioners. This Court is of the view that in terms of the new policy which has now been formulated and which may accrue to the benefit of the petitioners and keeping in mind the fact that petitioners are living in the suit land since the year 1965, as and when the respondents and particularly respondent no.

3 decides to remove the petitioners, the eligibility of the petitioners shall be considered in terms of the policy of respondent no.2 which is policy dated 11.04.2016 referred to above. No further orders are called for in this petition. Order dasti under signatures of Court Master to all respective parties.

C.M. No.13371/2015 & C.M. No.30668/2015 In view of the above orders, these applications have become infructuous and disposed of accordingly.

INDERMEET KAUR, J JULY 14, 2016 gb