Back
PRATHIBA M. SINGH
Jayanti Devi – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The Petitioner- Jayanti Devi is a resident of a jhuggi at Bhairon Marg in front of Gate No.1, Pragati Maidan, New Delhi. She has filed the present writ petition challenging the impugned eviction notice bearing no. S23 (ROAD)/S.B.A. MANDAL M-321/166 dated 28th January, 2023 issued by the Public Welfare Department which reads as under:
"All you slum dwellers Bhairo Marg, Opposite Gate No.1, Pragati Maidan are informed to voluntarily demolish your slum within 15 days of information phase, otherwise, your slum will be removed with the help of police and Will be sent to the shelter home (Dwarka, Geeta Colony) identified by the Delhi
Urban Improvement Shelter Board (DUSIB), in which the maximum period of stay will be 03 months."
3. The case of the Petitioner is that she has been living in this jhuggi since 2012 and also has gas and electricity connections for the said premises. Even the voter ID card of the Petitioner is stated to have been issued to the Petitioner with the address of the said jhuggi.
4. Submission of ld. Counsel for the Petitioner is that in terms of the Delhi Slum & JJ Rehabili
The right to shelter and the need for a comprehensive protocol to ensure rehabilitation of persons living in JJ clusters.
The main legal point established is that unless a jhuggi is part of the recognized cluster of the Delhi Urban Shelter Improvement Board, no rehabilitation can be directed.
Eligibility for rehabilitation or relocation under the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015 is contingent upon the existence of jhuggi jhopri basti clusters before specific da....
The right to shelter must be protected, and authorities must ensure basic amenities for relocated individuals and animals.
The judgment established that for entitlement to protection/rehabilitation under the existing policy framework for rehabilitation of residents of Jhuggi-Jhopri in Delhi, the settlement must qualify a....
Failure to substantiate entitlement to rehabilitation under the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 results in denial of the benefit. However, authorities must provide temporar....
The main legal point established in the judgment is that the petitioner and other residents of the jhuggis were not entitled to rehabilitation as per the DUSIB policy, 2015, and the DUSIB Act, 2010. ....
The judgment established that under the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015, residents must prove that their clusters were notified by DUSIB and that the jhuggis were constru....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
