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PRATHIBA M. SINGH
Randheer – Appellant
Versus
Commissioner of Police – Respondent
JUDGMENT
Prathiba M. Singh, J. (Oral)
W.P.(C) 11871/2022 and CM APPL. 35471/2022 (Interim relief)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the occupants of jhuggies at T- Huts, Moolchand Basti-1, Rajghat, New Delhi- 110002 (`said premises'). They have filed this petition seeking rehabilitation and a stay on the demolition of their jhuggis till the pendency of the present writ petition.
3. Vide order dated 17th August, 2022, the court had recorded that the Petitioners had concealed material facts in this Petition. This included concealment of the relevant fact that the fathers of the eighteen Petitioners had instituted litigation in respect of the same property right up to the Supreme Court and lost.
4. Thereafter, vide order dated 11th November, 2022, the court had directed to issue bailable warrants against all the petitioners and ordered all the Petitioners to appear before the Court on the next date of hearing. The order dated 11th November, 2022 is as under:
"1. On 17 August 2022, the Court had by a detailed order noted and come to conclude that the petitioners had clearly concealed material facts. It was in that backdrop tha
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 ....
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 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 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....
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 right to shelter and the need for a comprehensive protocol to ensure rehabilitation of persons living in JJ clusters.
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....
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