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 also noted that the petitioner was only an illegal encroacher upon the land of DDA and was not entitled to the prayer of rehabilitation and relocation as prayed for.

JUDGMENT

Gaurang Kanth, J.

1. The present Writ Petition has been filed by the Petitioner under Article 226 of Constitution of India seeking, inter alia, direction to Respondents for immediate rehabilitation of the residents of T Huts, H Block, Jhuggi under Metro Bridge, Near Yamuna Bridge, New Delhi (hereinafter referred to as 'said Jhuggis') or in-situ upgradation as their jhuggis were demolished on 25.06.2014 by the Respondent No. 2, DDA. Further, the Petitioner also sought a stay order preventing any further eviction of the residents or further demolition of jhuggis until proper rehabilitation has been completed.

BRIEF FACTS RELEVANT FOR ADJUDICATION OF PRESENT WRIT PETITION

2. The Petitioner is claiming herself to be a resident of one of the said Jhuggis i.e. T Huts, H Block, Jhuggi under Metro Bridge, Near Yamuna Bridge, New Delhi, along with her three children. She sells toys on the traffic signals in the nearby areas in order to earn her livelihood.

3. The said jhuggis are situated adjacent to the Yudhisthir Bridge and a Delhi Metro bridge built upon Yamuna River at Shastri Park. The Respondent No. 2, DDA again carried a demolition drive on 25.06.2014 and demolished the said Jhuggis at the bank of Yamuna River.

4. It is alleged by the Petitioner that the residents of the said Jhuggis were rendered homeless due to the said demolition which was done without giving any prior notice or providing any opportunity to residents to show cause against such demolition. It is further alleged that nor were the residents of the said Jhuggis provided rehabilitation by DDA or any of the other Respondents. Therefore, the residents were forced to live at the site of the said Jhuggis even after their demolition.

5. Under these circumstances, being aggrieved by the action of the DDA demolishing the said Jhuggis, the Petitioner filed the present Writ Petition seeking the following reliefs:

"a. Pass an order directing Respondent No. 1, DUSIB and Respondent No. 2, DDA to make immediate arrangement for the temporary lavatories for the residents affected by the demolition arrangement shall also be made for adequate nutrition of at least the children who are in large number affected by the demolition. That Respondent No. 1 and 2 shall also be directed to make temporary arrangement for the temporary habitation of the residents affected by demolition unless they raise a livable structure for their habitation.

b. Pass order directing Respondent No. 1 and 2 to provide in-situ upgradation for the residents that still reside in the area in question, unless the current site can be shown to be untenable, in which case relocation rehabilitation is to be provided.

c. Pass an order directing Respondent No. 1 and 2 to provide relocation rehabilitation to all the residents of T Huts, H Block Jhuggi, under Metro Bridge, Delhi.

d. Pass an order directing Respondents to cease any further evictions or harassment of residents that live in the area until all appropriate rehabilitation has been provided.

e. Pass an order directing Respondents No. 1 and 2 to conduct a proper door to door survey following the proper procedural requirements and to provide the residents with a meaningful opportunity to provide evidence of eligibility and contest improper determinations of ineligibility.

f. Pass an order directing the respondents to keep on file, for all future evictions or demolitions of slum or jhuggi clusters affidavits stating that proper surveys and procedures have been followed, and provide penalties for demolitions that occur without such an affidavit. Copies of such affidavits should be in possession of officials performing any such eviction or demolition and made available to residents at the time of such action, as well as to interested parties at the respondents' offices.

g. pass an order directing Respondent No. 4 for registration of FIR against the incident of physical assault of the residents as mentioned in paragraph 23 of the petition.

h. Pass any such dir