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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 858/2024, CM APPL. 50194/2024 & CM APPL. 50195/2024
SAROJ .....Appellant
Through: Mr. Talha Abdul Rahman, Mr. Adnan
Yousuf, Mr. Shaz Khan, Mr. Rafid
Akhter and Mr. Sudhanshu Tewari,
Advocates
versus
DELHI DEVELOPMENT AUTHORITY AND ORS.....Respondents
Through: Mr. Sanjay Katyal, Standing Counsel
for DDA.
Mr. Vikrant N Goyal and Mr. Rajat
Srivastava, Advocates for R-3, 8 & 9.
Mr. Prashant Manchanda, ASC with
Ms. Haridas Medha Dilip, Advocates
for R-4 & 5.
Mr. Parvinder Chauhan, Standing
Counsel for R-6 & 7/DUSIB.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
O R D E R
% 30.08.2024
th
1. Present appeal has been filed challenging the interim order dated 28
August 2024 passed by the learned Single Judge in CM Appl. No. 49195 in
W.P.(C) No. 10305/2024, whereby the said application was dismissed. The
application had been filed by the appellant herein seeking directions to the
respondents to maintain status quo of the subject property bearing No. JJ
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Cluster No.585, Near NDMC Water Supply Control, Near Kalibari, Near
RML Hospital, New Delhi and for seeking stay of the consequential
demolition.
2. Learned counsel for the appellant states that appellant is a resident of
the JJ Cluster and as per the Delhi Slum and JJ Rehabilitation and
Relocation Policy, 2015 (“DUSIB Policy”), she cannot be removed from her
present place of residence unless she is rehabilitated in-situ. He further states
rd
that the notice of demolition dated 23 August 2024 only provided four days
to the residents to leave the subject property, which is insufficient. He also
states that the decision of the respondent authorities to shift the appellant
and other residents to Narela, which is approximately 35 kms. away from
their present residence is contrary to the DUSIB Policy, inasmuch as the
policy mandates in-situ rehabilitation.
3. Per Contra, learned counsel for the respondents states that the
impugned order is only an interim order passed by the learned Single Judge.
He further states that demolition action has already been carried out.
4. This Court finds that in the present appeal, the appellant is not being
removed from her present residence without being rehabilitated. Moreover,
the DUSIB Policy itself provides an exception to in-situ rehabilitation. The
relevant portion of the same reads as under:
“(iii) In -situ rehabilitation
DUSIB shall provide alternate accommodation to those living
in JJ Bastis, either on the same land or in the vicinity within a
radius of 5 Km. In case of exceptional circumstances, it can be
even beyond 5 Km with prior approval of the Board. The terms
and conditions at which alternate accommodation will be
provided and the eligibility conditions are being separately
notified.”
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5. Presently, owing to the expansion of the hospital already having
started, the present case would fall in the exceptional circumstance, whereby
relocation can happen beyond a radius of 5 km. This Court is of the view
that the learned Single Judge has rightly held that at this stage of the
petition, the timeline for the infrastructure project of expansion of RML
hospital has started and in-situ rehabilitation is not possible.
6. It is pertinent to mention that in Delhi, land is scarce and hardly any
land is available for rehabilitation and relocation of slum dwellers in Central
Delhi, where the appellant (petitioner in the subject petition) had a jhuggi.
7. Keeping in view the aforesaid as well as the fact that the demolition
has already been carried out, the present appeal is dismissed.
ACTING CHIEF JUSTICE
TUSHAR RAO GEDELA, J
AUGUST 30, 2024
Aj
This is a digitally signed order.
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 02/09/2024 at 12:22:12