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.

JUDGMENT

Subramonium Prasad, J. Aggrieved the Judgment dated 13.10.2022, passed by the learned Single Judge in W.P.(C) 11945/2022, dismissing the Writ Petition filed by the Appellant herein, the Appellant has approached this Court by filing the instant appeal.

2. It is stated that the Appellant Association is an association of residents of Kasturba Nagar, New Vishwas Nagar, Shahadra, New Delhi. It is stated that they are residing in the area for the last 40 years. The Appellant/Association approached this Court by filing W.P.(C) 11945/2022 with the following prayers:

"Therefore, that the Hon'ble Court may be pleased to:

a. Direct the respondents to first rehabilitate the Petitioner union residents before carrying out their demolition.

b. Direct the respondent no.2, DUSIB to notify the slum cluster in accordance with Section 2(g) of the DUSIB Act.

c. Direct the respondent no. 3, DDA to send a proposal for removal of Petitioner union cluster to DUSIB for conduction of survey and appropriate rehabilitation before conducting any demolition at the site.

d. Direct respondent no. 2, DUSIB to conduct a survey of the affected residents and rehabilitate them in accordance with the Delhi JJ slum Rehabilitation and Relocation Policy, 2015;

e. Direct the respondent no. 1, DDA to suspend the demolition (if any) and maintain status quo at the demolished site until all residents are surveyed and rehabilitated as per the DUSIB Policy;"

3. It is stated in the Writ Petition that DDA is proposing to carry out a demolition in the area in contravention of the judgments of this Court in Ajay Maken v. Union of India, (2019) 260 DLT 581 (DB) & Sudama Singh v. Government of Delhi, 2010 SCC OnLine Del 612.

4. The learned Single Judge, in the judgment impugned herein, has placed reliance on the judgment of this Court in Dinesh Singh and Ors. v. Delhi Development Authority and Ors., W.P.(C) 12384/2022, and has held that only those clusters, which have been identified by the Delhi Urban Shelter Improvement Board (hereinafter referred to as `DUSIB'), will be eligible for the benefit of rehabilitation under the Delhi Slum & JJ Rehabilitation & Relocation Policy, 2015 (hereinafter referred to as `the 2015 Policy') and has dismissed the Writ Petition. It is this Order which has been assailed in the instant Appeal.

5. It is the contention of the learned Counsel appearing for the Appellant that the members of the Appellant Association are residing in the area for a number of years. He submits that in October, 2020 a survey of the area was conducted by the DDA through Neo Geo Info Technologies Pvt. Ltd. and individual registration numbers were provided by the DDA to residents with description of their areas and the area of the residents of the Appellant Association was shown as part of the unauthorised colonies. Learned Counsel for the Appellant submits that the survey conducted by the DDA is not valid because the residents of the area have proof of residence. It is stated that they comprise of a slum cluster of over 200 jhuggis having valid documents, namely, Voter ID, Electricity Bill, Gas Connection Bill, MCD House Tax Receipt, Birth Certificate, Caste Certificate, etc. from 1980, and the same makes them eligible for rehabilitation. It is further contended by the learned Counsel for the Appellant that pursuant to the receipt of the notice of demolition from DDA, the residents of the area have given representations to the DDA but the same has not been considered. He further states that the learned Single Judge has placed heavy reliance on the judgment passed by the Division Bench of this Court in LPA 271/2022, titled as Vaishali (Minor) (Through Next Friend Mrs. Sita Devi) & Ors. v. Union of India & Ors., which has been challenged in the Apex Court and the same is pending. It is further contended by the learned Counsel for the Appellant that similarly situated slum dwellers at 59, JJ, Colony, Vishwas Nagar, 18 quarters, which is barely 10 meters from the area in q