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GAURANG KANTH
Bela Estate Mazdoor Basti Samiti – Appellant
Versus
Delhi Urban Shelter Improvement Board – Respondent
JUDGMENT
Gaurang Kanth, J.
1. By way of present Writ Petition under Article 226 of the Constitution of India, the Petitioner is challenging the eviction notices issued by Respondent No. 2/DDA to the residents of Bela Estate, New Delhi. The Petitioner is also seeking, inter alia, a stay of eviction of residents from Bela Estate. It has been further sought that if they are evicted then they may be provided an alternative accommodation for rehabilitation by Respondent No. 1/DUSIB.
BRIEF FACTS RELEVANT FOR ADJUDICATION OF THE PRESENT WRIT PETITION
2. The Petitioner is claiming itself to be an association of residents of Bela Estate. It is the claim of the Petitioner that Bela Estate, New Delhi is a large JJ cluster on the western bank of river Yamuna and comprises of 5 sub-areas namely China Colony, Bela Gaon, Malla Gaon, Moolchand Basti and Kanchan Puri. It is further the claim of the Petitioner that these slum clusters at Bela Estate have been in existence since past more than 70 years and consists of more than 700 households. It has been alleged that most of the residents have been residing in the subject area prior to 01.01.2015 which is one of the requirements of the Delhi Slum an
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 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....
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 is that unless a jhuggi is part of the recognized cluster of the Delhi Urban Shelter Improvement Board, no rehabilitation can be directed.
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....
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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