Dismissed

Surenderbakhshi Arogya Sewa Foundation & Anr. v. Delhi Development Authority & Ors.

Delhi HC14 Feb 2024W.P.(C)/12360/2023

Case brief

AI extract

What is this about?

Writ petition challenging demolition of jhuggies seeking rehabilitation and compensation. Court dismissed petition because demolition occurred outside the identified boundary of the notified Subhash Camp cluster, rendering petitioners ineligible for relief.

What did the court decide?

The writ petition and application were dismissed on the ground that the demolished structures lay outside the notified cluster boundary.

Surenderbakhshi Arogya Sewa Foundation & Anr. Vs Delhi… — Land Acquisition | Delhi HC (2024)

¶1

$~2

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(C) 12360/2023 and CM APPL. 48690/2023

¶4

SURENDERBAKHSHI AROGYA SEWA FOUNDATION & ANR. ..... Petitioners

¶5

Through: None

¶6

versus

¶7

DELHI DEVELOPMENT AUTHORITY & ORS. ..... Respondents

¶8

Through: Ms. Kritika Gupta, Advocate for R- 1/DDA Mr. Parvinder Chauhan with Ms. Aakriti Garg, Advocates for R- 2/DUSIB.

¶9

Mr. Prashant Manchanda, ASC with Ms. Nancy Shah, Advocates for R- 3/GNCTD

¶10

CORAM:

¶11

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

¶12

O R D E R

¶13

% 14.02.2024

¶14

CM APPL. 48690/2023 (for exemption)

¶15

Allowed, subject to all just exceptions.

¶16

Accordingly, the present application stands disposed of.

¶17

W.P.(C) 12360/2023

¶18

1. Present writ petition has been filed with the following prayers:

¶19

“i) To direct the Respondent No. 1 to execute the rehabilitation and resettlement of the victims with immediate effect;

¶20

ii) To facilitate temporary shelters/camps for the victims of the demolished houses and also arrange the facilities of clean drinking water and sanitation with immediate effect;

¶21

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 17/12/2024 at 15:09:47

¶22

iii) To arrange a medical aid camp for the victims of the demolished houses;

¶23

iv) Direct the Respondents to pay Rs. 1,00,000/- compensation to each of the affected family for loss and suffering due to demolition and inaction on the part of the respondents;

¶24

v) Pass such other order(s) as are deemed fit and necessary in the light of the facts and circumstances of the present case and in the interest of justice.”

¶25

None is present on behalf of the Petitioners.

¶26

Learned counsel for the Respondent-DUSIB states that the demolition was carried out of jhuggies which fell outside the identified boundary of notified cluster of Subhash Camp, Near Badarpur, South Delhi as identified by DUSIB and therefore the Petitioners are not entitled to any rehabilitation/re-settlement. He states that DUSIB has notified 675 clusters. In support of his contention, he refers to and relies upon paras 13 and 14 of its counter affidavit. The same are reproduced hereinbelow:

¶27

“13. That it is pertinent to mention here that W.P.(C) No. 1356/2022 titled as "Subash Camp Mazdoor Basti Samiti Vs. DDA &Ors." was preferred before Hon'ble High Court alleging threat of demolition of jhuggis of Subash Camp Mazdoor Basti, Badarpur. In this respect, kind attention of this Hon'ble Court is invited to the stand of DDA as recorded in the order dated 06.04.2023. The relevant portion of the said order reads as under :-

¶28

"7.3. She states, on instructions, that the demolition which was carried out in pursuance to the demolition notice dated 29.03.2023 was outside the boundary of the Subash Camp jhuggi cluster. She states that the said demolition was carried out with respect to the commercial temporary unauthorized structures, which have come up on the 'waterbody'. She states that no demolition action has been carried out in the Subhash Camp jhuggi cluster and no jhuggi which is being used for residential purpose has been demolished."

¶29

Further, that DDA has programmed for demolition of jhuggis/encroachment outside the identified cluster on 24.08.2023.

¶30

A copy of the said order dated 06.04.2023, is being annexed herewith as ANNEXURE - R/3 .

¶31

This is a digitally signed order.

¶32

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 17/12/2024 at 15:09:47

¶33

14. That in view of the above stand of DDA, it is evident that the persons whose jhuggis have been demolished are not entitled to rehabilitation. Needless to say, de-hors the scheme/policy. no one has right to be rehabilitated.”

¶34

In view of the aforesaid, this Court is of the view that the Petitioners are not entitled to any relief from this Court.

¶35

Accordingly, the present writ petition and application are dismissed.

¶36

ACTING CHIEF JUSTICE

¶37

MANMEET PRITAM SINGH ARORA, J

¶38

FEBRUARY 14, 2024/ msh

¶39

This is a digitally signed order.

¶40

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 17/12/2024 at 15:09:47

Surenderbakhshi Arogya Sewa Foundation & Anr. v. Delhi Development Authority & Ors.

Case brief

What is this about?

What did the court decide?

Surenderbakhshi Arogya Sewa Foundation & Anr. v. Delhi Development Authority & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sanjeev Kumar Vs Union of India & Anr.

M/S Samraj Polytex Ltd. Vs Additional Director General, Directorate of Revenue Intelligence & Anr.

Pr.Commissioner of Income TAX-4, Vs M/S Hcil Comtel Ltd.

Jitender Kumar Vs the Lieutenant Governor and Anr.

Deepak & Ors. Vs Union of India & Ors.

Jindal Films India Ltd. Vs Delhi Development Authority

Raj Kumar Vs the Secretary Labour & Anr.

Harsh Pandey Vs Union of India & Ors.

Union of India and Ors. Vs Aviral Minerals and Ors.

K N Govindacharya Vs Union of India & Ors.

Cipla Limited Vs National Pharmaceutical Pricing Authority & Anr.

Diag Realtech (Opc) Pvt. Ltd. Vs Connaught Plaza Restaurants Pvt. Ltd. and Ors.

Suresh Pal Singh Vs New Vikas Cooperative Urban Thrift and Credit Society & Ors.

Harish Abrol Vs Union of India & Ors.