IMPORTANT POINT
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 temporary alternate shelters and relocate the affected individuals.

JUDGMENT

Subramonium Prasad, J. - The Petitioners seek to challenge the Eviction Notice dated 20.09.2023 issued by the Respondent No.1/Public Works Department directing the Petitioners to vacate their Jhuggis which have been put up at Opposite Transport Authority, Gokulpuri Village, North East Delhi-110094. The Petitioners also seek for a direction to restrain the proposed demolition of the Jhuggis of the Petitioners and also rehabilitation of the Petitioners as per the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 read with Delhi Urban Shelter Improvement Board Act, 2010 (hereinafter referred to as DUSIB Act, 2010)

2. It is stated that the Petitioners, who belong to Gadia Lohar community, migrated from Rajasthan to Delhi and started residing in Delhi at Opposite Transport Authority, Gokulpuri Village, North East Delhi-110094. It is pertinent to mention here that though the Petitioners in the list of dates and in the facts as narrated in the writ petition have made such an averment but nothing has been filed before this Court to substantiate their contention.

3. It is the contention of the Petitioners that they are entitled to the benefit of Rehabilitation Policy brought out by the Delhi Urban Shelter Improvement Board (DUSIB) and also the benefit of the Judgment passed by this Court in the case of Ajay Maken & Ors. vs. Union of India & Ors., (2019) SCC OnLine Del 7618. It is stated that this Court in Ajay Maken (supra) has laid down the steps to conduct a survey of the Jhuggis and JJ Bastis before removal of the same which the Petitioner has quoted in the writ petition and the same are being reproduced as under:

"6. Steps to be followed prior to removal of Jhuggis and JJ Bastis

A.Pre-Survey Steps:

i. The process of removal/re-settlement/ rehabilitation/ in-situ improvement/redevelopment of Jhuggis and JJ Bastis in Delhi will be governed by "Delhi Slum & JJ Rehabilitation & Relocation Policy, 2015"

ii. The Land Owing Agency (LOA) will send a proposal for removal of the jhuggis and JJ bastis to DUSIB with proper justification satisfying the conditions mentioned in the policy sufficiently in advance, along with commitment to make payment of the cost of rehabilitation.

iii. The proposal will be examined by DUSIB regarding the date of existence of JJ basti i.e. whether the same was in existence prior to 01.01.2006. If the JJ basti was in existence prior to 01.01.2006, then the DUSIB will notify the said Basti under section 2(g) of the DUSIB Act, if not notified earlier and the proposal will be placed before the Board (DUSIB) for in-principle approval for removal of the Jhuggis and JJ basti.

iv. After in principle approval of the Board, the DUSIB will conduct a joint survey and determine the eligibility of JJ dwellers for rehabilitation as per the policy along with the representative(s) of LOA. However, in special circumstances, the joint survey may be initiated even before obtaining in-principle approval of the Board, on case to case basis, with the approval of CEO, DUSIB. If the DUSIB ascertains that the JJ Basti came into existence after 01- 01-2006, the LOA will be intimated accordingly to enable it to take necessary action for removal, in consonance with the law and rules in vogue."

4. The Petitioners, therefore, contend that before conducting any demolition drive, the land owning agency has to sent a proposal to DUSIB and the DUSIB will first examine as to whether the Jhuggi Jhopri dwellers residing in the area are eligible for rehabilitation as per the policy and only after when it is ascertained that the Jhuggi Jhopri dwellers are not entitled to rehabilitation, a demolition drive can take place. The principle argument of the Petitioner is that Block-C, Sanjay Camp, Gokulpuri-I forms part of the 675 clusters identified by the DUSIB which are entitled to rehabilitation. It is stated that the Jhuggi Jhopris of the Petitioners are only 500 meters away from Sanjay Camp, Gokulpuri-I which finds mention at serial No.622 of 67