The High Court condoned delays in filing and re-filing an appeal. The court dismissed the appeal, holding there was no illegality in the Single Judge's order denying relief to slum dwellers due to the demolition of their cluster.
The appeal is dismissed. Delay in filing and re-filing the appeal is condoned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
% Date of decision: March 06, 2019 + LPA 158/2019, CM Nos. 10314-10316/2019 VIKAS & ORS ..... Appellants
Through: Mr. Choudhary Ali Zia Kabir, Adv.
versus
DELHI URBAN SHELTER IMPROVEMENT BOARD & ORS
..... Respondent
Through: Mr. Parvinder Chauhan, SC for DUSIB with Mr. Nitin Jain, Adv. Mr. Arun Birbal, Adv. with Mr. Sanjay Singh, Adv. for R-3/DDA Mohd. Irshad, Adv. for R-4 & 5
CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO
V. KAMESWAR RAO, J. (ORAL)
CM No. 10315/2019 (for condonation of 47 days delay in filing the appeal)
For the reasons stated in the application, the delay of 47 days in filing the appeal stands condoned. Application stands disposed of.
CM No. 10316/2019 (for condonation of 7 days delay in re-filing the appeal)
For the reasons stated in the application, the delay of 7 days in re-
filing the appeal stands condoned. Application stands disposed of.
LPA 158/2019 Page 1 of 3
LPA 158/2019
02, 2018 passed by the learned Single Judge dismissing the writ
petition filed by the appellants herein.
“a. Direct respondent no.1 DUSIB to conduct a survey of the petitioners and other affected residents of now demolished colony Mata Sundri Road, Minto Road, Darya Ganj, Delhi-110002, and rehabilitate them in accordance with the Delhi JJ slum Rehabilitation and Relocation Policy, 2015;
b. Direct the respondent nos.1 and 2 to provide temporary accommodation at the site where there houses exist prior to the demolition i.e. Mata Sundri Road, Minto Road, Darya Ganj, Delhi-110002;
c. Direct respondent no.2 to pay a compensation of Rs.1,00,00/- (Rupees one Lakh Only) each to the petitioners for the loss of their belongings;
d. Direct respondent no.2 to pay an amount of Rs.50,000/- (Rupees Fifty Thousand) as the cost of mental agony and undertaking the legal proceedings by way of this petition.”
LPA 158/2019 Page 2 of 3
CM No. 10316/2019 (for interim relief)
Dismissed as infructuous.
V. KAMESWAR RAO, J
CHIEF JUSTICE
MARCH 06, 2019 /ak
LPA 158/2019 Page 3 of 3
2 issues framed by the court
Whether delay in filing the appeal should be condoned.
Whether the appeal to the Single Judge's order dismissing the writ petition should be allowed.
VIKAS & ORS
DELHI URBAN SHELTER IMPROVEMENT BOARD
V. KAMESWAR RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
