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GAURANG KANTH
Shobha Dikshit – Appellant
Versus
Delhi Urban Shelter Improvement Board – Respondent
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 sa
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. ....
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 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.
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.
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 ....
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....
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