SAROJNI NAGAR JHUGGI JHOPRI VIKAS SAMITI vs GOVERNMENT OF NCT OF DELHI AND OTHERS

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 803/2023 & CM APPL. 63642-63644/2023
SAROJNI NAGAR JHUGGI JHOPRI VIKAS SAMITI ….. Appellant

Through: Mr. Pankaj Sinha, Mr. Kamlesh Kr. Mishra, Mr. Raj M. Mihsra, Ms. Shivani Verma, Ms. Renu, Mr. Dipak Raj and Ms. Archana Kumari. Advocates.

versus

GOVERNMENT OF NCT OF DELHI AND ORS. ….. Respondents

Through: Ms. Aakriti Garg, and Ms. Mahima Anand, Advocates for DUSIB.
Mr. Sandeep, Advocate for R-4 & 10.
Mr. Sriharsha Peechara, Standing Counsel with Ms. Harshita Gupta and Mr. Shubham Kumar Mishra, Advocates for R-6

% Date of Decision: 08th December, 2023

CORAM:
HON’BLE THE ACTING CHIEF JUSTICE
HON’BLE MS. JUSTICE MINI PUSHKARNA
J U D G M E N T

1. The present appeal challenges the orders dated 6th September, 2023 and 20th November, 2023 passed by the learned Single Judge in W.P.(C) 3796/2021 thereby disposing of the writ petition filed on behalf of the appellant herein, with directions for payment of Rs. 3 lakh to each family by the Land and Development Office (“L&DO”) for vacation of the premises occupied by them. The appellant is an organization of residents of the jhuggies in Sarojini Nagar and claims to have been authorized by the resident slum dwellers to advocate for their rights.
2.1 It is the case of the appellant that the present matter pertains to residents of slums of T Huts in Sarojini Nagar, who have been working as house maids, drivers, dhobis, etc., and have been serving the nearby areas for past several decades. These jhuggies are placed within the compounds of the government housing complexes and are in different blocks i.e. H, I, J and several other blocks.
2.2 The government buildings in Sarojini Nagar were vacated and the residents in the government buildings started leaving the area. However, the residents of the slum cluster were never informed about the decision and they were never consulted in the entire process. Hence, writ petition, being W.P.(C) 3796/2021 was filed on behalf of the appellant seeking relocation and rehabilitation of the slum dwellers of the Sarojini Nagar area. Vide impugned orders dated 6th September, 2023 and 20th November, 2023, the writ petition filed by the appellant was disposed of with directions for making payment of Rs. 3 lakh to each family. Hence, the present appeal has been filed.
3. On behalf of the appellant, it is submitted that the guidelines framed by this Court in the case of Ajay Maken and Others versus Union of India and Others, 2019 SCC OnLine Del 7618, have not been complied with. All the slum dwellers concerned with the present appeal are eligible for rehabilitation as per the “Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015”. It is further submitted that similarly situated persons in Kidwai Nagar area were rehabilitated to Dwarka and were given flats as per the policy of the government.
4. On the other hand, learned counsel appearing on behalf of respondents have justified the impugned order passed by the learned Single Judge.
5. Having heard learned counsel for the parties and having perused the record, this Court at the outset notes that some of the residents of the Huts of the Sarojini Nagar area itself had approached the Supreme Court by way of Special Leave to Appeal (C) No. 9300/2023, Vaishali (Minor) (Through next friend Mrs. Sita Devi) and Others versus Union of India and Others. By order dated 2nd May, 2023, the Supreme Court disposed of the said matter with direction to the respective families of the said appeal to vacate the premises in question and directed the L&DO to pay Rs. 3 lakh to each family. The order dated 2nd May, 2023 passed by the Supreme Court in the aforesaid matter reads as under:

“ XXX XXX XXX

At the same time, taking note of the humanitarian problem which goes to the destiny of 136 families which have been identified in the affidavit dated 01.12.2022 filed by the respondents, we should exercise powers available to the Court under Article 142 of the Constitution of India and pass the following order.

1. We affirm the impugned order of the High Court.

2. We further give time till 31.05.2023 for the families represented by the petitioners to vacate the premise in question. We direct in the interest of justice that at the time of vacating the premise in question which means on or before 31.05.2023, the respondent No.1 through Land and Development Office will pay a sum of Rs.3,00,000/- (Rupees Three Lakh) to each of the families. In order to facilitate the payment of the amount to the members of the families represented by the petitioners, within a period of ten (10) days from today, they shall nominate a person who is authorised to receive the amount of Rs. 3,00,000/- (Rupees Three Lakh) to the respondent No .1 along with bank details. In other words by 31.05.2023, the amount should be paid as aforesaid. Equally time is granted till 31.05.2023 for the families to continue at the present premises in question.

3. Since it is pointed out that there are other accommodation which is available under the schemes for persons like the petitioners, if the petitioners make application in regard to the same under the same to the concerned Competent Authority, who will take decision based on eligibility and in accordance with law. Needless to say, any such application will be considered with sympathy that the applicants deserve.

We make it clear that this Court will not entertain any application for extension of time after 31.05.2023.

We have passed the above order in the facts and circumstances of this case.

The special leave petition is disposed of.

Pending application(s), if any, stand disposed of.”

6. Perusal of the aforesaid order passed by the Supreme Court clearly manifests that similarly placed persons living in the same area had been directed to vacate their respective premises by 31st May, 2023. Further, L&DO was directed to pay a sum of Rs. 3 lakh to each of the family. Therefore, undoubtedly the members of the appellant, who are likewise the residents of the Huts of Sarojini Nagar area, are governed by the aforesaid order of the Supreme Court. Therefore, this Court finds no infirmity with the impugned orders passed by the learned Single Judge, where similar directions were passed for payment of Rs. 3 lakh to the members of the appellant.
7. This Court also notes that pursuant to the directions passed by the learned Single Judge, the members of the appellant have already received the aforesaid amount of Rs. 3 lakh.

8. In view of the aforesaid, the present appeal is found without any merits. The same is accordingly dismissed along with the pending applications.

ACTING CHIEF JUSTICE

MINI PUSHKARNA, J
DECEMBER 8, 2023
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