Disposed

Uttar Pradesh Bihar Naagrik Parishad v. State of NCT of Delhi & Ors.

Delhi HC10 Aug 2011W.P.(C)/11150/2009

Case brief

AI extract

What is this about?

Single judge disposed of a PIL concerning removal and shifting of pig shelters from Trilokpuri. The court directed relevant departments to relocate piggeries to an alternative site within four months and resolve administrative disputes.

What did the court decide?

Direction to respondents 1 to 3 to shift piggeries to a new location within four months and hold a meeting to resolve disputes.

Uttar Pradesh Bihar Naagrik Parishad Vs State of… — Municipal and Town Planning | Delhi HC (2011)

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*** IN THE HIGH COURT OF DELHI AT NEW DELHI +** Writ Petition (Civil) No. 11150/2009

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% Date of Decision: August 10, 2011

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Uttar Pradesh Bihar Naagrik Parishad ....Petitioner Through Mr. A.K. Mishra, Mr. Ajay Tiwari, Advs

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VERSUS

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State of NCT of Delhi & Ors. …..Respondents Through Ms. Megha Bharara, Adv. for Ms. Ruchi Sidhwani, Adv. for Respondent No. 1. Mr. O.P. Saxena for DUSIB.

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CORAM:

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HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA

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ORDER

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SANJIV KHANNA, J.

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Uttar Pradesh Bihar Naagrik Parishad has filed the present

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Public Interest Litigation for removal/shifting of pig shelters/huts situated at 30 Block, Trilokpuri, Delhi and for construction of a Community Hall on the said land after removal of the pig shelters/huts.

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Trilokpuri is a re-settlement colony which came into existence in

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the year 1976. Pig shelters/huts were developed in Block 30, Trilokpuri

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by Delhi Development Authority.

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During the last more than 30 years, Trilokpuri has become thickly

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WPC 11150/2009 Page 1 of 5

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populated due to urbanization. The area is no longer scantily populated

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but today it is a well lived in residential colony. With the passage of

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time, the pig shelters/huts have created problems due to unhygienic conditions created by them which is hazardous to the health and life of

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the residents. It is pointed out that the piggeries have become a nightmare specially during monsoon. This is clearly reflectable in the photographs which have been placed on record. It appears that these piggeries are breeding ground for diseases.

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As per the Master Plan for Delhi 2021, piggeries are only

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permitted in green belt and agricultural land. Some other restrictions/ stipulations are also provided.

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Keeping in view the aforesaid facts vide order dated 26^th August,

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2009, Slum & JJ Department, MCD now known as Delhi Urban Shelter Improvement Department, was directed to file a plan for re-location of pig-shelters/huts, within a period of six weeks. MCD by order dated 21^st October, 2009, was directed to conduct survey after ascertaining

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the original allottees and the present occupants/owners of the piggeries. In the subsequent order dated 25^th November, 2009, it was

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WPC 11150/2009 Page 2 of 5

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recorded that the pig shelters were found to be in a dilapidated condition and it was also noticed that most of the original allottees

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were no longer there and third persons have been unauthorisedly inducted. DDA was directed to file an affidavit suggesting measuring

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for relocation of the piggeries in accordance with the Master Plan of Delhi, 2021.

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However, MCD and DDA were unable to resolve the problem

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regarding issue of relocation of the piggeries. By order dated 8^th December, 2010, it was directed the MCD and DDA shall hold a meeting in the office of the DDA and submit a joint report. Thereafter, a joint report was filed in this Court and it was pointed out that a new site has been selected to shift the piggeries to a village in Ghazipur, NH-24,

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Delhi.

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7. Thereafter, the following order was passed on 30^th March, 2011:

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“Mr. R.K. Bali, learned counsel appearing for the respondent Nos. 4 to 23, who are the affected parties, has submitted that they have no objection to move to the alternative site at Ghazipur. Ms. Shobhana Takiar, learned counsel appearing for the Delhi Development Authority has submitted that the land is to be allotted by the Delhi Urban Shelter Improvement Board. Mr. O.P. Saxena, learned counsel for the Board has submitted that

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WPC 11150/2009

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Page 3 of 5

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the Board as no objection to give the alternative site but the DDA is insisting for payment. Needless to say, after the affected parties leave the land, the same will come to the Board. Thus, the Board can discuss with the authorities of the DDA for exchange of land so that the controversy can be put to rest and the pollution can be avoided.

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Let the authorities of the Board and the authorities of the DDA discuss the matter and try to arrive at a solution by the next date of hearing.

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Call on 11th May, 2011.”

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On 11^th May, 2011, the case was adjourned to 2^nd June, 2011 and then

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to 10^th August, 2011 to enable the respondents to take further steps.

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In view of the aforesaid development we are not inclined to keep the

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writ petition pending and directions are issued to respondent Nos. 1 to 3 to take steps for shifting of piggeries to the new location within a period of four months from today. Any inter-se issues or disputes between respondent Nos. 2 and 3 will be resolved by having a joint meeting and in case they are not able to resolve the dispute, meeting will be held between the Director of Delhi Urban Shelter Improvement Board and the Vice-chairman, DDA. Allotment of piggeries at the new site will be made in terms of the policy decision by the respondents. The land owning agency will decide how to use

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the land which will be available after the piggeries are shifted.

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WPC 11150/2009 Page 4 of 5

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The writ petition stands disposed of accordingly.

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SANJIV KHANNA, J.

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CHIEF JUSTICE

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August 10, 2011 kkb

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WPC 11150/2009

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Uttar Pradesh Bihar Naagrik Parishad v. State of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Uttar Pradesh Bihar Naagrik Parishad v. State of NCT of Delhi & Ors.

Case brief

What is this about?

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