The court emphasized the need for effective coordination among agencies to address water logging issues and ensure proper rehabilitation of eligible jhuggi dwellers.

O R D E R

1. This hearing has been done through hybrid mode.

2. These matters pertain inter alia, to the water logging issues in Delhi.

W.P.(C) 8035/2024 DUSIB and eligibility determination of the JJ dwellers in Madrasi Camp

3. On the last date i.e., 6th December, 2024 the Court directed that a complete list of eligible and ineligible jhuggi units be placed on record and DUSIB shall focus on the removal of 214 jhuggis, whose removal would be essential for ensuring that any blockages of drains are removed as recorded in the order dated 23rd October, 2024.

4. Further to the last order dated 6th December, 2024, an affidavit dated 13th December, 2024 has been placed on record by the Principal Director-Mr.

W.P.(C) 17064/2024 and connected matters Page 9 of 16 P.K. Jha of DUSIB giving the details of the eligible jhuggi dwellers for rehabilitation, after a joint survey conducted of the Jhuggis at Madrasi Camp, Jangpura by the DUSIB, Public Works Department (hereinafter, ‘PwD’), Irrigation and Flood Control Department (hereinafter ‘I&FCD’). Paragraph 9 of the said affidavit reads as under:

“9. That the said EDC revealed that only 189 jhuggies have been found to be provisionally eligible for rehabilitation as per the Policy, 2015. That the break-up of the said eligible jhuggies is as under:

”

5. As per the above stated survey, overall 189 jhuggi dwellers have been found to be eligible and 182 jhuggi dwellers have been found to be ineligible. The list of eligible jhuggi dwellers has been annexed as Annexure 4 (Colly) with the affidavit. It is seen that some 34 jhuggi dwellers had not appeared before the DUSIB. Last opportunity shall be given to such jhuggi dwellers who did not appear before the DUSIB to determine their eligibility by appearing in Court by moving an application and make submissions which they wish to make within one week, failing which it shall be deemed that they W.P.(C) 17064/2024 and connected matters Page 10 of 16 have nothing to say in the matter.

6. Ms. Vrinda Grover, ld. Counsel appearing for the said jhuggi dwellers submits that the alternative accommodation being provided to the said eligible jhuggi dwellers is in Narela. Substantial number of the families have children who are studying in nearby schools near Jangpura including the Delhi Tamil Education Association (DTEA). The weather condition is inclement presently and owing to GRAP 4 conditions having been imposed, the eviction ought to await at least a few months. Ld. Counsel further submits that as per the protocol of DUSIB, various facilities ought to be available such as ration shops, clinics and transport in order for the rehabilitation to be fully effective. She, however, concedes that insofar as shifting out is concerned, the jhuggi dwellers would not obstruct the same in any manner as long as their concerns are taken care of. As an alternative suggestion, she submits that in the Kalkaji area there are several EWS category flats which the DDA has built which could also be considered, bearing in mind the vicinity in which these jhuggi dwellers are living. The submission is that if the Kalkaji EWS flats could be considered for rehabilitation these families’ lives would not be disrupted.

7. Mr. Anuj Aggarwal, ld. Counsel appearing for the GNCTD submits that insofar as the payment of Rs.27.47 crores for relocation of the JJ Dwellers of the Madrasi Camp is concerned, the same had been put up for approval, however, due to some budgetary constraints in the department under which it has bee