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SUBRAMONIUM PRASAD
Rohtash – Appellant
Versus
Public Works Department – Respondent
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
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 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....
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 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.
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