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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Kasturba Nagar Residents Welfare Association – Appellant
Versus
Government of NCT Delhi – Respondent
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 R
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 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....
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.
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 eligibility of slum dwellers for rehabilitation under the 2015 Policy requires compliance with both voter list and document possession criteria.
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