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2002 Supreme(Del) 1783

SANJAY KISHAN KAUL, DEVENDER GUPTA
WAZIRPUR BARTAN NIRMATA SANGH – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
A.K.BHARDWAJ, AJAY JHA, ANAND YADAV, AVINASH AHLAVAT, GITA MITTAL, K.K.Sud, M.L.Khattar, N.K.Pandey, PRAVIN KHATTAR, RAKESH TIKKU, S.N.CHATURVEDI, Shobhana Takiar, V.K.Shali

Sanjay Kishan Kaul, J.

( 1 ) BENEVOLENCE in administration is a necessity but this benevolence has tobe balanced against the rights of the residents of a town specially when dealing with one commodity which can never increase which is land.

( 2 ) THE validity and legality of the policy of the respondents for removal and relocation of jhuggi dwellers who squat on Government land unauthorisedly and are ultimately allotted parts of land acquired for planned Development of Delhi has to be decided in the present proceedings. This became a necessity in view of the fact that the land was being acquired under the provisions of Land Acquisition Act for planned Development of Delhi at public expense for public purpose. This very land was being utilised to relocate persons who had squatted and trespassed on public land and refused to move from the original place. In order to clear those areas such persons were provided land which had been so acquired.

( 3 ) IN this public interest litigation the problem arose since the squatters and encroachers on public land had to be removed who could not be so removed in view of the policy of the respondents requiring the land to be first made available to

















































































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