1. The present writ petitions have been filed by the erstwhile

dwellers of the jhuggi cluster situated at the Railway Crossing Chowki No.3, Sawan Park, Ashok Vihar, Delhi praying inter alia for directions to the respondents to provide suitable/alternative shelter to the petitioners for rehabilitation on account of the demolition action undertaken by them on 8.9.2005.

.2. The case as set up by the petitioners is that they were residing at the site of the jhuggi cluster in question since the year 1964 and that various documents including ration cards, Photo Identity Cards and proof of existence of electricity connections have been filed by them to establish that they were given permanent rehabilitation at the site since the year 1994. While the ground floor of the structures constructed by them was used for running shops from where they were carrying on the trade of vending vegetables, the petitioners were residing on the first floor. It is stated that on the assurances given by the then Minister of Industries, Govt. of India to the effect that the sites had been allotted to them on a permanent basis, the petitioners constructed the shops and houses and had been occupying the same ever since, till the demolition action was undertaken by the respondents. Counsel for the petitioners submitted that as their occupation at the site in question was not causing any hindrance to

.free flow of traffic and not encroaching any public utility service, the petitioners were entitled to continue with their occupation. He contended that the petitioners are aggrieved by the demolition action undertaken by the respondents on 8.9.2005, on the basis of some orders passed in WP(C)No.5279/1999 entitled Shri Atma Ram Dogra & Ors. vs. UOI & Ors., decided on 19.9.2004.

.3. The respondent, Slum & JJ Wing of the MCD filed its counter affidavit and stated that the said department is only a service provider to the concerned land owning agency and only upon receiving a request for assistance, does it render assistance by undertaking action of removal of the slum and JJ cluster in question. It was stated that in the present case, the land owing agency is the Municipal Corporation of Delhi and that neither was any request for relocation nor any relocation charges were received from MCD either to carry out a joint survey for the purposes of determining the eligibility for relocation or for providing alternative plots to the petitioners. It was further submitted that as per the relocation policy in vogue, only such jhuggi dwellers, whose names are reflected in the joint survey list and have in their possession, documents of occupation prior to .31.12.1998, are entitled for relocation/alternative plots. The said policy further mandates that only residential/dwelling units can be considered for relocation.

.4. The respondent MCD has taken a stand that the action of demolition was undertaken by it in view of the directions issued by the High Court in the case of Atma Ram Dogra (supra). Counsel for the respondent/MCD stated that the petitioners were encroachers on public land and as such were liable to be removed without any prior notice in terms of the provisions as contained in Sections 321 and 322 of the Delhi Municipal Corporation Act, 1957, (hereinafter referred to the Act__and that Section 42(p) of the Act makes it obligatory for the MCD to remove obstructions and projections in or upon streets, bridges and over public places. She stated that in the present case, the petitioners had encroached on the right of way as they had carried out construction of jhuggis and were running shops by encroaching on public land. An extract of the layout plan of the Sawan Park Colony was produced on behalf of the respondent/MCD to show the location of the jhuggis on a 40 ft. wide road at the site in question to fortify its contention that the petitioners are not entitled to any alternative

.allotment, as prayed for in the writ petition.

.5. I have he