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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Ram Bharose – Appellant
Versus
Delhi Urban Shelter Improvement Board – Respondent
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
The eligibility of slum dwellers for rehabilitation under the 2015 Policy requires compliance with both voter list and document possession criteria.
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....
Eligibility for rehabilitation under the 2015 Policy is contingent upon the notification of jhuggi jhopri basti by DUSIB and adherence to the cut-off dates for entitlement to rehabilitation.
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 court affirmed that entitlement to relocation benefits under the policy should validly consider prior residency of slum dwellers, even if the current jhuggi was established post cut-off date.
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....
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.
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