ORDER

1. Pursuant to this Courts order dated 5-11-1996 officers representing

DDA, Railways, and CPWD are present in court.

2. Mr R.K. Bhandari, Engineer Member, DDA is present on behalf of DDA. We have heard Mr Bhandari. Mr Bhandari states that as back as 1993, DDA requested MCD to take over 382 colonies which had been fully developed by DDA. He further states that 63 colonies have been taken overd by MCD and joint inspection regarding 28 colonies has already been done. Mr Bhandari further states that necessary payment required to be made has also been made to MCD. According to Mr Bhandari the joint inspection pertaining to the rest of the colonies has not as yet been done.

3. On behalf of MCD, Mr D. Mukhopadhya, Director, Conservancy (I),Engineering is present. He is not in position to tell us as to why these colonies are not being taken over. Mr Jaitley, learned counsel appearing for MCD suggests that there should be meeting between the Vice-Chairman of DDA and the Commissioner, MCD to sort out this problem. We agree with this suggestion. We request the Vice-Chairman of DDA and also the Commissioner, MCD to sort out this problem by whatever means they think best in the circumstances of this case. We would appreciate if the work of cleaning of these colonies is taken over as per the decision of the two officers within one week from today.

4. While we are in the process of monitoring the cleanliness drive in the city of Delhi,serious problem has been brought to Our notice. It is stated by Mr Arun Jaitley, learned counsel for MCD and by other learned counsel assisting us that there are about four lakh jhuggis unauthorisedly set up in various parts of Delhi. Mr K.B.L. Mittal, Additional Divisional Railway Manager, who is present in court states that there are 21,000 jhuggis on both sides of the railway tracks. He states that these jhuggis are in existence for very long period. We take judicial notice of the fact that in this country where about 30 per cent of the people are living below the poverty line, this type of problem is but natural. Primarily, it is for the Government of the day to sort out this problem but unfortunately there is total lack of application of mind on the part of the Government in this respect. The Government is underconstitutional obligation to provide shelter to the people. This is the mandate under Article 21 of the Constitution of India. Mr Jaitley suggests that before any viable solution can be found it is necessary to have the Union of India before us. Other authorities are already before us. We issue notice to the Government of India, through the Ministry of Urban Development, to be present in court on the next date of hearing. Meanwhile, we request the Commissioner, MCD; Chairperson, NDMC; Vice-Chairman, DDA; General. Manager, Northern Railway; General Manager, MTNL; Chief Engineer,CPWD; Secretary, Urban Development, NCT, Delhi Administration; and Secretary, PWD, NCT, Delhi Administration to get together and apply their mind to this problem and filereport in this Court within 10 days from today. We direct the Secretary, Government of India, Ministry of Urban Development to hold meeting in this respect within four days of the receipt of this order. Report to this Court shall also be sent by the Secretary to Unionof India, Ministry of Urban Development.We would request these officers to give serious consideration to this problem as the city of Delhi is heading towards situation where it is likely to developnumber of permanent slums which may not be cured for long time to come.

6.List this matter on 2-12-1996.

7. On behalf of CPWD, Mr R.P. Bhardwaj, Superintendent Engineer, CPWD is present. He states that the Department has no colony or any areas under its control and as such the question of cleaning the area does not arise. Mr Ranjit Kumar, learned counsel for NDMC states that NDMC is doing its job of cleaning the city in the NDMC areas.

8. So far as PWD is concerned, none is present from the Departm