Disposed

Ghanshyam Bairwa v. Delhi Urban Shelter Improvement Board and Ors.

Delhi HC7 Oct 2024W.P.(C)/10463/2023

Case brief

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What is this about?

A single bench dispose of two writ petitions seeking intervention against the proposed demolition of petiitioners' jhuggis in Vivekanand Camp without compliance with due legal procedure, appreciating affidavits of the respondents.

What did the court decide?

Petitions disposed with liberty to approach the Court if an imminent threat to the petitioners' jhuggis arises in future.

Ghanshyam Bairwa Vs Delhi Urban Shelter… — Pension and Retirement Benefits | Delhi HC (2024)

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$~38 & 39

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 10463/2023 & CM APPLs. 40571-40572/2023 GHANSHYAM BAIRWA .....Petitioner Through: Mr. D.S. Patial, Advocate.

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versus

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DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS .....Respondents Through: Ms. Richa Dhawan and Mr. Anuj Chaturvedi, Advocates for DUSIB. Mr. Vikas Kumar Sharma, Sr. Panel Counsel for R-2.

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W.P.(C) 10608/2023 & CM APPL. 41168/2023 RAKESH KUMAR BAIRWA .....Petitioner Through: Mr. D.S. Patial, Advocate.

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versus

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DELHI URBAN SHELTER IMPROVEMENT BOARD AND ORS .....Respondents Through: Ms. Richa Dhawan and Mr. Anuj Chaturvedi, Advocates for DUSIB. Mr. Chiranjiv Kumar, Mr. Mukesh Sachdeva and Ms. Neelima, Advocates for UOI. Mohd. Irsad, ASC with Ms. Nasreen and Mr. Kunal Raj, Advocates for R-4.

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CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN

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O R D E R

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% 07.10.2024

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W.P.(C) 10463/2023 & connected matter

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Page 1 of 3

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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 03/07/2025 at 08:32:08

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The petitioners in these two writ petitions claim to be occupants of two jhuggis in Vivekanand Camp, Sector-1, R.K. Puram, New Delhi110022, the jhuggi No. 1 and jhuggi No. 12. They have filed these petitions for directions upon the respondents not to demolish the said jhuggis without adopting the due process of law and in the event of demolition, seeking directions for rehabilitation as per the Delhi JJ Slum Rehabilitation & Relocation Policy, 2015.

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Respondent No. 1- Delhi Urban Shelter Improvement Board [“DUSIB”] has filed their counter affidavit in both the petitions, in which they have stated that the Vivekanand Camp is not situated on DUSIB land. It is in fact situated one kilometre away from the Ambedkar Basti and is not contiguous with the Ambedkar Basti as contended by the petitioners. It is further stated in the counter affidavit that the eligibility of the petitioners for rehabilitation in the event of demolition of their jhuggis would have to be considered upon evidence and cannot be decided in summary proceedings under Article 226 of the Constitution.

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In addition to the aforesaid averments, DUSIB has stated in Paragraph No. 19 of the affidavit as follows:

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“19. That the Respondent No. 1 has neither undertaken a joint survey of the JJ of the Petitioners nor has the Respondent No. 1 fixed a demolition programme for the same nor has the Respondent No. 1 undertaken any demolition of the same.”

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The Government of National Capital Territory of Delhi has also filed a counter affidavit in W.P.(C) 10608/2023 in which it is stated as follows:

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“4. It is submitted that till date PWD has neither served any notice upon the Petitioner for the demolition of the above said Jhuggi nor passed any direction to MCD for the demolition of the above said Jhuggi of the Petitioner and before Demolition a notice would be served upon the

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W.P.(C) 10463/2023 & connected matter

Page 2 of 3

Petitioner surely.

5. It is submitted that if, in future any removal of encroachment on PWD land is planned, then the due procedure would be followed by the PWD.”

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In view of the aforesaid averments, learned counsel for the petitioner states that the petitions may be disposed of, with liberty to the petitioners to approach the Court again in the event of any imminent threat to their jhuggis.

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The petitions are disposed of, with liberty as aforesaid.

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PRATEEK JALAN, J

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OCTOBER 7, 2024/ MR/

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W.P.(C) 10463/2023 & connected matter

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Page 3 of 3

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Ghanshyam Bairwa v. Delhi Urban Shelter Improvement Board and Ors.

Case brief

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Ghanshyam Bairwa v. Delhi Urban Shelter Improvement Board and Ors.

Case brief

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