Darshan Lal & ORS. v. Govt Of NCT Of Delhi & ORS.

#39 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7464/2014 & CM APPL. 17687/2014 DARSHAN LAL & ORS.

..... Petitioners Through Mr. Ashraf Yusuf Khan with Mr. Surinder Singh and Mr. Swami Satyananda, Advocates versus GOVT OF NCT OF DELHI & ORS.

..... Respondents Through Mr. Harsh Ahuja, Advocate for Ms. Monika Arora, CGSC with for UOI.

Mr. S.R. Sharma, Advocate for DDA.

Mr. Ajay Arora, Standing Counsel for SDMC.

Mr. Parvinder Chauhan, Advocate for DUSIB.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 29.03.2016 Present writ petition has been filed seeking a direction to respondents not to continue with illegal demolition in Majdoor Camp located at B & C Blocks, Okhla Industrial Area, Phase-I, New Delhi - 110 020. Petitioners also seek allotment of permanent accommodation under various schemes of the respondents including "Housing Scheme of Rehabilitation of Jhuggie Jhopprie / Slum Areas Dwellers"

Mr. Ajay Arora, learned standing counsel for respondent-SDMC states that SDMC is not the land owning agency and if any relocation of the JJ Camp has to take place, the same has to be done by the DUSIB. Mr. Parvinder Chauhan, learned counsel for respondent-DUSIB states

that DDA is the land owning agency and DUSIB has no intent to demolish the JJ Camp in question. He further states that as the encroachment is on DDA land, DUSIB will provide no rehabilitation/relocation unless specifically requested by DDA.

UOI in its counter-affidavit has stated that DDA is the land owning agency of the area in question.

Learned counsel for Govt. of NCT of Delhi also states that DDA is the land owning agency of the area in question. He states that GNCTD will only act if DDA asks the State Government to relocate and rehabilitate the slum dwellers.

Learned counsel for DDA admits that the DDA is the land owning agency of the area concerned. He, however, states that there is no immediate plan by DDA to demolish JJ Camp in question. He also assures this Court that if in future DDA decides to demolish the JJ Camp in question, it shall do so in accordance with law.

The statements made by learned counsel for parties are accepted by this Court and said parties are held bound by the same. Consequently, present writ petition and pending application are disposed of with a direction that in the event respondent-DDA decides to demolish the JJ Camp in question, four weeks prior notice shall be given to the petitioners by way of pasting the demolition notice on the outer wall of the JJ Camp. MANMOHAN, J MARCH 29, 2016 rn