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2023 Supreme(Del) 2842

SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Ram Bharose – Appellant
Versus
Delhi Urban Shelter Improvement Board – Respondent


Advocates appeared:
Mr. M.K. Gahlaut and Mr. Varun Jain, Advocates, for the Petitioner.
Mr. Parvinder Chauhan, Mr. Sushil Dixit, Advocates, for the DUSIB.

JUDGMENT

1. The Petitioner has approached this Court for challenging Clause 1(iv) of Part B of the Delhi Slum & JJ. Rehabilitation and Relocation Policy, 2015 (hereinafter referred to as `the Policy'), which stipulates that the name of the Jhuggi Jhopri (hereinafter referred to as `the JJ') dweller must appear in the joint survey conducted by the Delhi Urban Shelter Improvement Board (hereinafter referred to as `the DUSIB') and the Land Owning Agency, is violative of Article 14, 21, 38 & 39 of the Constitution of India and the same shall be declared as null and void. The Petitioner has also prayed for quashing the order dated 06.07.2021 passed by the DUSIB rejecting the representation of the Petitioner herein by which he had claimed for alternate accommodation in view of dispossession from Jhuggi No.25 situated in JJ Cluster, C-Block, Kirti Nagar, New Delhi.

2. It is stated that the Petitioner and his wife were residing at Jhuggi No.25 situated in JJ Cluster, C-Block, Kirti Nagar, New Delhi, and they were dispossessed in August 2012. The Petitioner, thereafter, approached this Court by filing a Writ Petition, being W.P.(C) No.3609/2021, claiming rehabilitation under the Policy. T

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