Jhuggi Jhompri Ekta Manch (Regd.) & ANR. v. Union Of India & ORS.

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 6523/2015 JHUGGI JHOMPRI EKTA MANCH (REGD.) & ANR.

..... Petitioners Through Mr Divakar Kumar, Mr Udit Grover, Advocates.

versus UNION OF INDIA & ORS.

..... Respondents Through Mr Chiranjeev Kumar, Advocate with Mr Mukesh Sachdeva, Advoacte for UOI.

Mr Parvinder Singh Chauhan, Advocate for DUSIB.

Mr Pawan Mathur, Advocate for DDA.

Mr Mukesh Gupta, Standing Counsel for SDMC with Mr Rakshit Pandey, Advocate for R6.

Mr Jagjit Singh, Standing Counsel for Railways with Mr Vipin Chaudhary, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 23.04.2019 1.

The petitioner claims to be a registered society with approximately 5000 constituent members. It is stated that the said members reside in a Jhuggi Jhopri Cluster spread over an area of 14.3 hectares, known as V.P. Singh Camp, Railway Colony, Tughlakabad, New Delhi. 2.

The petitioner has filed the present petition, inter alia, praying that directions be issued to respondent nos. 2 to 7 to follow the guidelines issued by respondent no.2 (Government of NCT of Delhi), under the policy dated 01.04.2000 for the relocation of Jhuggi Dwellers. The petitioner further

prays that directions be issued to respondent nos. 2,3,6 & 7 restraining them from demolishing the Jhuggi Jhopri Cluster (hereafter 'J.J. Cluster') located at V.P. Singh Camp, Tughlakabad, Delhi, and further grant appropriate alternate accommodation to the concerned J.J. Clusters. 3.

Mr Chauhan, the learned counsel appearing for respondent No.7 (DUSIB) points out that a new policy has now been framed - Delhi Slum and J.J. Rehabilitation and Relocation Policy, 2015 - and the same is required to be followed in matters relating to the removal of J.J. Clusters and relocation of J.J. Dwellers.

4.

The learned counsel appearing for other respondents also concur with the aforesaid submission.

5.

Mr Chauhan also points out that in a recent decision rendered by the Division Bench of this court in Ajay Maken & Ors v. Union of India & Ors: W.P.(C) 11616 of 2015, this Court has held that the said policy would be applicable even in respect of J.J. Clusters located on Railway land or on land belonging to the Central Government.

6.

In view of the above, the present petition is disposed of by directing the respondents to ensure that the aforesaid policy (Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015) is followed in all matters relating to the removal or relocation of the J.J. Basti in question, if otherwise applicable.

7.

The petition is disposed of.

VIBHU BAKHRU, J APRIL 23, 2019/ pkv