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2009 Supreme(Del) 744

HIMA KOHLI
IN THE MATTER OF : ASHARFI LAL – Appellant
Versus
UOI – Respondent


Advocates Appeared:
Dr. R.S. Saran with Mr. M.S. Sasan, Advs.
Ms. Richa Kapoor with Ms. Tanuja Rawat, Adv. for UOI. Ms. Mini Pushkarna, Adv. for MCD. Mr. O.P. Saxena, Adv. for Slum & J.J. Deptt.

HIMA KOHLI, J.

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 occ

























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