IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Neeta Bhardwaj & Ors. - Appellants
Versus
Kamlesh Sharma - Respondent
FAO 36/2021 & CM APPLs.2914/2021, 10442/2021, 10444/2021, 20904/2021, 23819/2021, 25868/2021, 25869/2021, 25870/2021, 25884/2021, 26495/2021, 29121/2021, 25885/2021, 43944-46/2021, 3172/2022, 3455/2022, 5641/2022, 5642/2022, 5803/2022, 5865/2022, 7745/2022, 13472/2022
Decided On : 22-03-2022
Vacate Suit Premises - Payment - Counsel who had been appointed as Assistant to ld. Administrator, has since been elevated as a Judge of this Court - Accordingly, Ms. Samapika Biswal, ld. Counsel who has been working with erstwhile counsel, Ms. Arora, and who has also been assisting ld. Administrator on a continuous basis and appearing before Court on behalf of ld. Administrator, is appointed as Assistant to ld. Administrator - Considering standing of Ms. Biswal, ld. Counsel, her payment is fixed at Rs.75,000/- per month, instead of Rs.1,50,000/- per month which was earlier fixed, payable in same manner as that of erstwhile Assistant mutatis mutandis.
Finding of the Court :
Concerned officials from Ministry of Housing and Urban Affairs, Union of India and GNCTD shall hold a joint meeting, and place joint status report in terms of order before Court - If said meeting is not held, both parties shall place their respective status reports on record, and concerned officials of Ministry of Housing and Urban Affairs, Union of India and GNCTD shall join proceedings either physically or virtually - Ld. Counsel appearing for Plaintiff - Smt. Rajwati submits that a direction was issued against Defendant in present suit to vacate suit premises in year - However, said Defendant continued to be in occupation of said shop - On other hand, Mr. R.R. Singh, ld. Counsel for Defendant submits that Defendant had vacated said shop.
Result: Order accordingly.
ORDER
Prathiba M. Singh, J. (Oral). - This hearing has been done through hybrid mode.
2. These matters pertain to the Kalkaji Mandir, which this Court has been hearing from time to time. These are part-heard matters.
Eviction of Occupants from the Kalkaji Mandir Premises
3. Vide the previous order dated 15th March, 2022, this Court had passed the following directions:
"6. This Court has perused the report that has been placed on record jointly by the DDA, SDMC, DUSI Band other officials including the counsels appearing for them. Keeping in mind the contents of the report, this Court is of the opinion that at best there may be 40 families occupying the Jhuggis and Dharamshalas who may not have adequate means and who need some compassionate consideration. However, these occupants have been in occupation of these unauthorized tenaments for the last several years in a prime area in South Delhi. Thus, no exception of free accommodation can be given to them, however, in view of the fact that the Court has taken a compassionate view considering the financial standing of the occupants, it is directed as under:
(i) The Id. Administrator would meet one representative from each of the families of the current occupants as mentioned above, of Jhuggis and Dharamshalas on 19th and 21st March, 2022.
(ii) An option would be given to the said occupants to move into a tenement under the JNNURM scheme where a flat shall be allotted to them by DUSIB. The said occupants may opt for such rental accommodation upon payment of a sum of Rs. 5,000/- per month as the rental amount. The options of the flats available under JNNURM shall be given by Ms. Mini Pushkarna, Id. counsel for DUSIB, to the Id. Administrator to enable him to interact with the occupants.
iii) Those families who wish to purchase a flat from the DDA, subject to the satisfaction of eligibility criteria, shall be allotted either an EWS or LIG flat, upon them exercising the option. The said flat shall be allotted by the DDA to the party opting for the same, as may be confirmed by the Id. Administrator. The said party shall then file all of the documents and deposit the consideration amount. After deposit of the consideration, the flat shall be allotted within four weeks.
(iv) For those occupants who do not wish to exercise the option of either (ii) or (Hi) above, they shall remove all their belongings by Wednesday, i.e., 23rd March, 2022. On 24th and 25th March, 2022, all the occupants of Jhuggis and Dharamshalas in the premises of the Kalkaji Mandir shall be evicted.
(v) The DCP, South-East District, Delhi and the SHO, Kalkaji shall provide the necessary force for eviction of the occupants of the Jhuggis and Dharamshalas and any other unauthorized occupants, vendors etc., in the Kalkaji Mandir premises. The same shall be supervised by the Id. Administrator and his team. The officials of DUSIB, DDA and the SDMC shall remain present during the eviction so that they can give cooperation to the police as also to the Id. Administrator. "
4. Pursuant to the said directions, the Id. Administrator has today placed on record a report stating that a public notice was issued and affixed at various places in the premises of the Kalkaji Mandir. By the said notice, all the unauthorized occupants of jhuggis and occupants of dharamshalas were given three options as contained in the order dated 15th March, 2022, i.e., for either taking up flats on rent from DUSIB, for applying to DDA for purchase of EWG flats or to move to rain baser as. On behalf of the Id. Administrator, it is submitted that meetings were held with some of the occupants, all of whom have refused to accept any of the three options. The extract of the said report of the Id. Administrator is set out below:
"2. Pursuant to the order dated 15.03.2022 of the Hon'ble Delhi High Court, public notice was issued on 17.03.2022 notifying all occupants of jhuggis and dharamshalas regarding the directions of eviction for 24.03.2022 and 25.03.2022. The occupa
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