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2017 Supreme(SC) 1358

SUPREME COURT OF INDIA
Kurian Joseph, Amitava Roy, JJ.
Sudama Singh & Ors. Etc. - Petitioners
Versus
Deepak Mohan Spolia & Ors. Etc. – Respondents
Civil Appeal Nos. 21806-21807 of 2017 (Arising From SLP (C) Nos. 6626-6627 of 2015)
Decided On : 12-12-2017

Advocates Appeared:
For the Petitioner:Prashant Bhushan, Amiy Shukla, Shakti Vardhan, Advocates.
For the Respondent:Atmaram N.S. Nadkarni, ASG, Merusagar Samantray, A.K. Srivastava, Ms. Lhingneivah, B.V. Balramdas, B. Krishna Prasad, Ms. Uttara Babbar, Ms. Akanksha Choudhary, Ms. Bhawana Duhoon, Praveen Swarup, R.K. Singh, Tajinder Virdi, Lokender Kumar, Advocates.

The principle of class litigation and the extension of judgment benefits to all affected parties whose names were furnished in the writ petitions.

Headnote:

Contempt of Courts Act - Clarification of Judgment - Contempt of Courts Act - Summary of the judgment

Fact of the Case:

The case involved four writ petitions filed as public interest litigations seeking rehabilitation and relocation of slum dwellers whose dwellings were demolished. The High Court issued a judgment declaring the illegality of the decision to deny relocation and providing directions for relocation and provision of basic amenities. The affected parties sought compliance with the judgment through a contempt petition.

Finding of the Court:

The High Court clarified that only the actual affected writ petitioners were entitled to the benefits of rehabilitation, dismissing the contempt petition. The appellants, aggrieved by the clarification, appealed to the Supreme Court.

Issues: The main issue was the interpretation of the High Court judgment and whether the benefits of rehabilitation should be extended to all affected parties or only to the petitioners.

Ratio Decidendi: The Supreme Court held that the benefits of the judgment should be extended to all affected parties whose names were furnished in the writ petitions, not limited to the petitioners. It emphasized the principle of class litigation and directed the respondents to implement the judgment accordingly.

Final Decision: The appeals were allowed, and the respondents were directed to implement the judgment by extending the benefits to all eligible persons within three months.

JUDGMENT :

Kurian, J.

Leave granted.

2. The appellants are aggrieved since the High Court under the Contempt of Courts Act has clarified the judgment dated 11.2.2010 beyond what it has actually been intended to be, according to the appellants.

3. Short facts: Four writ petitions were filed as public interest litigations before the High Court (W.P. No.8904 and connected matters). The prayer in the writ petitions were more or less the same. We shall extract one set of prayers:

"(a). Issue a Writ of Mandamus or any other Writ or direction of similar nature to direct the Government of NCT of Delhi to provide suitable alternative accommodation to all inhabitants/slum dwellers of New Sanjay Camp.

(b). Direct the Respondents to compensate the Petitioners and the other residents for their enormous loss occurred in demolition of their juggies, which had been demolished arbitrarily without their adequate rehabilitation/relocation."

4. These writ petitions were disposed of by a common judgment dated 11.02.2010. The operative portion of the judgment contained in paragraphs 62 to 64, reads as follows:-

"62. It is declared that :

(i) The decision of the respondents holding that the petitioners are on the "Right of Way" and are, therefore, not entitled to relocation, is hereby declared as illegal and unconstitutional.

(ii) In terms of the extant policy for relocation of jhuggi dwellers, which is operational in view of the orders of the Supreme Court, the cases of the petitioners will be considered for relocation.

(iii) Within a period of four months from today, each of those eligible among the petitioners, in terms of the above relocation policy, will be granted an alternative site as per MPD-2021 subject to proof of residence prior to cut-off date. This will happen in consultation with each of them in a 'meaningful' manner, as indicated in this judgment.

(iv) The State agencies will ensure that basic civic amenities, consistent with the rights to life and dignity of each of the citizens in the jhuggies, are available at the site of relocation.

63. With the above directions, these petitions are allowed.

64. A certified copy of this order be sent to the Member Secretary, Delhi Legal Services Authority (DLSA) with the request that wide publicity be given to the operative portion and directions of this judgment in the local language among the residents of jhuggi clusters in the city as well as in the relocated sites. The DLSA will also hold periodical camps in jhuggi clusters and in relocated sites to make the residents aware of their rights. A copy of this order be also sent to the Chief Secretary, Government of National Capital Territory of Delhi, for compliance."

5. It is also relevant to note the opening paragraph of the judgment, which reads as follows:-

"1. The writ petitions have been filed under Article 226 of the Constitution of India seeking intervention of this Court to rehabilitate and relocate the petitioners who were residing at various slum clusters in the Capital city to a suitable place and providing them alternative land with ownership rights pursuant to demolition of their ‘jhuggies' (hutments). The subject matter in these four writ petitions revolves around questions of great importance, inter alia, right to shelter of the petitioners and those represented by them on one hand, and, on the other, slum cluster being on ‘Right of Way' on which basis the agencies of the State seek to oppose them. Thereafter, all of them were taken up together for hearing and are being disposed of by this common judgment."

6. We feel it also apposite to refer to the opening paragraph of the writ petition, which reads as follows:-

"That the petitioners are filing this Writ Petition on behalf of all the residents of New Sanjay Camp Slum Cluster whose jhuggies were demolished by the PWD on 05.02.09 on the ground of making underpass on road no.13 (Okhla estate marg) which goes through Okhla Phase-I and Phase-II without even ensuring that the poor slum dwellers of the












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