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* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 23^rd April, 2025 + W.P.(C) 8035/2024 & CM APPLs.52659-60/2024, 52780/2024, 52897/2024, 59162-63/2024, 59345-46/2024, 61322/2024, REVIEW PET. 373/2024 SHABNAM BURNEY ..... Petitioner Through: Ms. Vrinda Grover, Mr. Prasanna J., Ms. Rupali Samuel, Ms. Devika Tulsiani & Mr. Soutik Banerjee, Advs.

(M: 9953585631)

versus UNION OF INDIA& ORS. ..... Respondents Through: Mr. Parvinder Chauhan, Sr. Adv. with Ms. Aakriti Garg, Advs. for DUSIB Mr. Tushar Sannu, Mr. Shivam and Mr. Aman Kumar, Advs. for MCD.

Ms. Prabhsahay Kaur (Standing Counsel DDA), Ms. Deeksha L. Kakar (Panel Lawyer, DDA), Mr. Aditya Verma, Adv., Ms. Kavya Shukla, Adv., Mr. Rashneet Singh, Ms. Sana Parveen Adv. Officers Present: Harish Chandra Sharma (Deputy Director PMAY), Vishwajeet Gahlot (AD PMAY). (M: 9313119255)

Mr. Sumit K. Batra, Adv. for GNCTD. Mr. A.K. Mishra, Adv. with MLA Tarvinder Singh Marwah.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE MANMEET PRITAM SINGH ARORA Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. On the previous date of hearing i.e., 28th March, 2025 the Court, upon W.P.(C) 8035/2024 Page 1 of 11 Signature Not Verified Digitally Signed hearing the parties, had issued the following directions:

(i) The Delhi Development Authority (hereinafter ‘DDA’) shall conduct a draw of lots for the 189 eligible Jhuggi Jhopdi Dwellers (hereinafter ‘JJ Dwellers’ or ‘allotees’) and allot them EWS Flats in terms of Delhi Slum & JJ Rehabilitation and Relocation Policy dated 14th June, 2016 (hereinafter ‘DUSIB Policy’). The DDA was also directed to file a status report in this regard;

(ii) The Delhi Urban Shelter Improvement Board (hereinafter ‘DUSIB’) to file a report in respect of making available facilities to the JJ dwellers in terms of paragraph (vii) of the DUSIB Policy dated 14th June 2016.

3. Pursuant to the above directions, the DDA has filed a report stating that the draw of lots was conducted and 189 flats were allotted, however, the allottees are not coming forward to take the allotment.

4. Insofar as DUSIB is concerned, a status report dated 17th April, 2025 has been placed on record stating that a meeting with various authorities such as Delhi Jal Board, Directorate of Education (GNCTD), Municipal Corporation of Delhi, Directorate of Health (GNCTD), Public Works Department, Kendriya Bhandar, Delhi Transport Corporation etc., was convened on 15^th April, 2025 under the Chairmanship of Chief Secretary Government of NCT of Delhi. The minutes of the said meeting has been placed on record noting that various facilities in terms of the policy such as schools, medical centres, RO water supply, sewage systems, and bus connectivity are available in the vicinity of the flats/accommodation at Narela.

The said minutes of the meeting read as under:

W.P.(C) 8035/2024 Page 2 of 11 Signature Not Verified Digitally Signed “ MINUTES OF MEETING Minutes of meeting held on 15.04.2025 under the Chairmanship of Chief Secretary of Govt. of NCT of Delhi in pursuance of the order of the Hon’ble High Court of Delhi dated 28.03.2025 in WP(C) No. 8035/2024 in the matter of “ Shabnum Burney Versus UoI & others”. The list of Officers attended the meeting is attached.

Hon'ble High Court in W.P. (C) No. 8035/2024 in the matter of Shabnum Burney Versus UoI & others directed that in terms of the 14^th June, 2016 Protocol, DUSIB shall provide suitable facilities to arrange for the education and health including making available Kendriya Bhandar Store accessibility, in the near vicinity as also transportation facilities as per its policy.

The protocol was issued by DUSIB on 14.06.2016, prepared in compliance of orders of Hon 'ble High Court in W.P. (C) No. 11616/2015 after discussion in the meeting held on 20.01.2016 wherein DDA was also present. As per guiding principles, the Protocol shall be followed by all the agencies in the events of any actions for removal of jhuggi s and JJ bastis.

During the meeti