Back
PRATHIBA M. SINGH
Keshaw Sanyasi Gawo Shewasharam – Appellant
Versus
Government of Nct, New Delhi – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The case of the Petitioner- Keshaw Sanyasi Gawo Shewasharam is that it is a registered trust and is running a cow shelter and mandir at Bhairon Marg. The challenge of the Petitioner in the instant petition is to the impugned notice of eviction 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. It is the case of the Petitioner that it is involved in taking care and looking after old, ailing, and abandoned cows in a Gaushala. The Gaushala of the Petitioner is situated upon the land in respect of which the impugned notice dated 28th January, 2023 has been issued by Respondent No.2.
4. It is the case of the Petitioner
The right to shelter must be protected, and authorities must ensure basic amenities for relocated individuals and animals.
The right to shelter and the need for a comprehensive protocol to ensure rehabilitation of persons living in JJ clusters.
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 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.
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. ....
Concealment of material facts and failure to comply with court directions can lead to the dismissal of a petition seeking rehabilitation and stay on demolition. Only the notified clusters as per the ....
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
