Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 1693

IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, J.
Neeta Bhardwaj & Ors. - Appellants
Versus
Kamlesh Sharma - Respondent
First Appeal From Order No. 36 of 2021, Civil Suit (OS) No. 641, 642 of 2005, Civil Miscellaneous Application No. 2914, 10442, 10444, 20904, 23819, 25868, 25869, 25870, 25884, 26495, 29121, 25885, 38063, 38289, 39643, 43944-43946 of 2021, 3172, 3455, 5641, 5642, 5803, 5865, 7745-7746 of 2022, I.As. 19847 of 2012, 16501, 16502, 19445, 19512 of 2014, 2234, 24296, 24297 of 2015, 4478 of 2019, 8339 of 2020, 1664, 2593, 2594 of 2022
Decided On : 15-03-2022

Advocates appeared:
Lokesh Bhardwaj, Advocate, Arun Birbal, Advocate, Sonia Singhani, Advocate, Sanjay Singh, Advocate, Siddharth Panda, Advocate, Vidhi Gupta, Advocate, Manish Gupta, Advocate, Santosh Kumar Tripathi, Advocate, Arun Panwar, Advocate, Siddharth Krishna Dwivedi, Advocate, Samapika Biswal, Advocate, Shambhavi Kala, Advocate, Krishan Gopal Chhokar, Advocate, R.K. Sinha, Advocate, Mini Pushkarna, Advocate, Khushboo Nahar, Advocate, Latika Malhotra, Advocate, Shikha Baisoya, Advocate, Sonia Singhania, Advocate, Vidhi Gupta, Advocate, Kush Bhardwaj, Advocate, Nitin Jain, Advocate, Vishal Chauhan, Advocate, Shivya Sharma, Advocate, K.P. Singh, Advocate, Harshil Gupta, Advocate, Himanshu Chauhan, Advocate, R.K. Bhardwaj, Advocate, Neeraj Bhardwaj, Advocate, Vipul Gaur, Advocate, Rohit Kishan Naagpal, Advocate, Dipanshu Gaba, Advocate, Sarvesh Bhardwaj, Advocate, Anurag Ahluwalia, Advocate, Vishal Bhardwaj, Advocate

The main legal point established in the judgment is the authority of the court to direct eviction and provide rehabilitation options for unauthorized occupants, emphasizing the need for expedited implementation of the JNNURM scheme.

Headnote:
Unauthorized Occupants - Kalkaji Mandir - Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015, Jawaharlal Nehru National Urban Renewal Mission - The court directed the eviction of unauthorized occupants from Kalkaji Mandir premises and provided options for rehabilitation under the JNNURM scheme and EWS/LIG flats. The court also emphasized the need for expedited implementation of the JNNURM scheme and directed the filing of a joint status report by relevant authorities.
Fact of the Case:

The case pertains to unauthorized occupants in the Kalkaji Mandir premises, with the court considering the financial standing of the occupants and directing their eviction while providing options for rehabilitation.
Finding of the Court:

The court found that the unauthorized occupants were liable to be evicted for redevelopment, and provided options for rehabilitation under the JNNURM scheme and EWS/LIG flats. The court also emphasized the need for expedited implementation of the JNNURM scheme.
Issues: The main issue was the eviction and rehabilitation of unauthorized occupants in the Kalkaji Mandir premises, considering their financial standing and the need for expedited implementation of the JNNURM scheme.
Ratio Decidendi: The court decided that the unauthorized occupants should be evicted for redevelopment and provided options for their rehabilitation under the JNNURM scheme and EWS/LIG flats. The court also emphasized the need for expedited implementation of the JNNURM scheme.
Final Decision: The court directed the eviction of unauthorized occupants and emphasized the need for expedited implementation of the JNNURM scheme, along with providing options for rehabilitation.

JUDGMENT

Prathiba M. Singh, J. - 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.

Unauthorized Occupants of Jhuggis and Dharamshalas

3. Further to the previous order dated 7th March, 2022, a meeting has been held between the officials of DDa, DUSIB, SDMC and the DCP, South East Delhi, along with their respective counsels. Further to the said meeting held on 11th March, 2022 in the office of the Vice Chairman, DDa, a report has been filed. as per the said report:

(i) There are 42 jhuggis still in occupation in the Kalkaji Mandir premises, which are occupied by 142 persons.

(ii) Insofar as Dharamshalas are concerned, there are a total of 46 occupants both inside and outside the Dharamshalas.

4. as already elaborated upon in the previous orders, all these occupants are unauthorized occupants and are liable to be evicted from the Kalkaji Mandir premises in order for the redevelopment to take place.

5. Considering that all the occupants may not have adequate financial means, a proposal was directed to be placed on record for further directions as to the manner in which the said persons could be rehabilitated. The proposal which has been placed before the Court is as under:

(i) The jhuggis of the Kalkaji Mandir premises, as per the revenue record, are located on a private land. Therefore, strictly speaking, the people living in said jhuggis are not entitled to rehabilitation under the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015.

(ii) That as directed in the previous order dated 7th March, 2022, since the purpose for which the land has been used is a public purpose i.e., for the deity of the Kalkaji Mandir and in the larger public interest, as an exceptional situation and under directions of the Court, certain proposals have been made set out, as below.

(a) EWS flats under the Jawaharlal Nehru National Urban Renewal Mission (hereinafter 'JNNURM') scheme may be provided to the 'urban poor' on a rental basis, however, rehabilitation permanently would not be permissible under the said scheme as per the current policy of the Central Government.

(b) DDa is willing to make available EWS and LIG flats in Narela, the cost of which is between Rs.10.75 lakhs to 12.05 lakhs for EWS category and Rs.18 lakhs to Rs.22 lakhs for LIG category.

(iii) In case none of these options are acceptable to the occupants, DUSIB may provide the occupants temporary night shelters / rain basera until they make their own alternative arrangements.

6. This Court has perused the report that has been placed on record jointly by the DDa, SDMC, DUSIB and 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 ld. 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, ld. counsel for DUSIB, to the ld. administrator to enable him to interact with the occupants.

(iii) Those families who wish to