Murugan v. Delhi Urban Shelter Improvement Board and Ors

O R D E R %

20.12.2024

¶1This hearing has been done through hybrid mode.

¶2These 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

¶3On 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.

¶4Further to the last order dated 6th December, 2024, an affidavit dated 13th December, 2024 has been placed on record by the Principal Director-Mr. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

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:

Jhuggies in Madrasi Camp No. of Jhuggies as per survey No. of Jhuggies dwellers found to be provisionally eligible No. of Jhuggies Dwellers found In-eligible Situated on right bank of Jungpura drain 96 (In-eligible) + 17(who did not appeared before EDC) Remaining Jhuggies of Madrasi Camp 50(In-eligible)+17(who did not appeared before EDC) Total:

"

¶5As 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 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

have nothing to say in the matter.

¶6Ms. 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.

¶7Mr. 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 been put up, the PWD has been asked to re-submit the file upon which within a week the payment would be made to DUSIB for onward payment to the DDA.

¶8If the said payment is not made by the 5th January, 2025, on the next date of hearing, the Secretary, Finance shall remain present in Court. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶9Ms. Prabhsahay Kaur, ld. Counsel submits that insofar as DDA is concerned, the flats in Kalkaji are meant for in situ rehabilitation. Ld. Counsel further submits that the flats at Kalkaji are unavailable and in fact there is a shortage even in that area as the same were meant for rehabilitating jhuggi dwellers from other areas such as Bhoomiheen Camp and Navjeevan Camp. On this issue, final orders shall be passed on the next date. By the next date, the DDA shall inform the Court as to whether there are any other EWS tenements in the vicinity which can be considered for rehabilitation. W.P.(C) 14094/2024

¶10The present petition is filed by one Mr. Murugan who is a part of Madrasi Camp in Mathura Road, Jangpura, seeking quashing of the demolition notice dated 5th September, 2024, and the minutes of meeting dated 3rd September, 2024 for the JJ cluster in Madrasi Camp Jangpura. Further, the Petitioner seeks in situ rehabilitation to the residents of JJ cluster and an additional payment of compensation for threatening to demolish the houses of Petitioner.

¶11The matter relating to the entire JJ cluster which is also known as the Madrasi Camp, Jangpura is already being dealt with in W.P.(C) 7594/2018 and W.P.(C) 8035/2024. With respect to the issues relating to the rehabilitation of the entire cluster, several orders have been passed. One of the main issues being dealt with in the said writ petition is the blocking of the Barapullah drain leading to water logging, due to the said JJ cluster.

¶12It is submitted by DUSIB that the Petitioner has been found to be one of the jhuggi dwellers eligible for rehabilitation. In view thereof, in the opinion of this Court, the present writ petition would not survive as the main matter is being considered by the Court in respect of all issues including The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

rehabilitation. However, it is submitted on behalf of the Petitioner that a transfer petition has been filed by some third party before the Supreme Court seeking transfer from this Court to the Supreme Court. Let the status of the same be placed on record by the next date of hearing in W.P.(C) 8035/2024.

¶13Considering that an affidavit has been filed by the DUSIB with respect to the eligible jhuggi dwellers attached as Annexure 4 (Colly) in W.P.(C) 8035/2024 and Mr. Murugan being found to be an eligible jhuggi dweller, the present writ petition is infructuous as the Petitioner's case would be considered as part of the overall rehabilitation in W.P.(C) 8035/2024. Accordingly, the present writ petition W.P.(C) 14094/2024 stands disposed of. W.P. (C) No. 13190/2024 Taimoor Nagar Drain

¶14The present petition has been filed by the Maharani Bagh Co-Operative Housing Building and Welfare Society Ltd. & Anr. seeking demolition of illegal constructions on both sides of Taimoor Nagar and Khizarabad drains and removal of all the silt and garbage up to Yamuna flood plains. The petition is further seeking implementation of Drainage Master Plan for NCT of Delhi, 2018 and Master Plan of Delhi, 2021 along with other reliefs.

¶15On the last date i.e., 6th December, 2024, after perusing all the photographs which were placed before the Court with respect to the Taimoor Nagar drain, the Court observed that there was clear violation of the order dated 29th November, 2024, which clearly stated as under: "2. This Court has perused the photographs annexed by the Petitioners with the objections. GNCTD is directed to ensure that all concerned statutory authorities ensure that the portions of the Taimur Nagar drain seen in these The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

photographs is cleaned up so as to enable unhindered flow of water from the drain towards River Yamuna.

3.The Chief Secretary will call for a meeting of all the concerned civic authorities responsible for the drain to create a Special Task Force to ensure the unclogging of this drain."

¶16The Court issued contempt notice against Mr. K.S. Jayachandran Special Secretary, Integrated Drain Management Cell (IDMC) and Mr. Navin Kumar Choudhary, Additional Chief Secretary Irrigation and Flood Control Department, GNCTD and directed that an affidavit be filed in response to this notice.

¶17In compliance of the order dated 6th December, 2024, affidavits have been filed by both the officials trying to give an explanation as to why no work has been undertaken in this drain till date. The affidavits have been filed by Mr. K.S. Jayachandran and Mr. Navin Kumar Chaudhary who are both present in Court. In addition, an Action Taken Report dated 18th December, 2024 has also been filed by the I&FDC. After hearing the officials and the ld. Counsels appearing in these matters, it is clear that the multiplicity of agencies has made the situation worse as there is complete lack of coordination in all of them. In the opinion of this Court, a team of two officials would have to be constituted for the purposes of monitoring the implementation of the orders being passed herein.

¶18At this stage, Mr. Aggarwal, ld. ASC submits that the Chief Secretary, Delhi has directed the constitution of a Special Task Force (STF) under the Chairmanship of Chief Engineer, I&FCD consisting of officials from DDA, Delhi Jal Board and MCD. The said STF is stated to have also conducted inspections and the inspection report dated 17th December, 2024 is on record. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The STF consists of the following members:

¶1Mr. Anil Kumar, Chief Engineer, I&FC as Chairman

¶2Mr. Dinesh Yadav, Chief Engineer, MCD

¶3Mr. Pankaj Atray, Chief Engineer, DJB

¶4Mr. Ashutosh Upadhyay, EE, DDA

¶5Mr. Pankaj Gunawat, Dy. Director, DDA)

¶19Since the STF has now been constituted by the Chief Secretary, this Court passes the following directions:

i) Mr. Anil Kumar, Chairman of the STF shall now be in-charge of ensuring the cleanliness, desilting, de-clogging and maintenance of the Taimoor Nagar drain. The remaining four officials who have been appointed as part of the STF shall report to him and carry out all the directions which are given by him;

ii) The said directions would include demolition, removal of encroachment, garbage collection and removal related directions, etc. so as to ensure free flowing of the drain and de-clogging of the drain for the entire stretch of the drain;

iii) If any civil work is to be undertaken, the responsibility of the same shall also be of the STF. The persons who are part of the STF shall not be changed without the permission of this Court;

iv) From 1st January, 2025 onwards, the task shall be undertaken.

¶20Some of the work is already stated to have been handed over to a private contractor. The said private contractor shall appear before the Court on the next date of hearing.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶21List these matters on 24th December, 2024 at 2:30 p.m for further hearing.

PRATHIBA M. SINGH, J.

MANMEET PRITAM SINGH ARORA, J. DECEMBER 20, 2024 dj/rahul/gs/ks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17064/2024 RAVINDER YADAV ..... Petitioner GOVT. OF NCT OF DELHI & ORS. ..... Respondents Mr. Anuj Aggarwal, ASC, GNCTD, Mr. Siddhant Dutt, Mr. Yash Upadhyay, Advs with Mr. Navin Kumar Chawdhary, Add. Chief Secy, Mr. K.S. Jayachandran, Special Secy, I&FC. Mr. Dinesh Yadav, Mr. BB Agrawal, Mr. Rajesh, Mr. Pankaj Atray, Mr. Adarsh Kumar, Mr. Sanjay Kumar, Mr. Ashutosh Upadhyay, Mr. Pankaj Gunawat, Mr. Vikash, Mr. Saurabh Kutiyal, Mr. Dhanu Prasad, Mr. Anil Kumar, Mr. Jitendra Kumar, Mr. Vivek Chauhan, Engineers for MCD, DJB, DDA, I&FC. Mr. Manu Chaturvedi, Standing Counsel with Mr. Khwaja Umair, Adv. for MCD AND + W.P.(C) 7594/2018 & CM APPLs. 30022/2018, 41886/2024, 42188- 42189/2024, 47142/2024, 48597/2024, 57187/2024, 62545/2024, 69901/2024 COURT ON ITS OWN MOTION ..... Petitioner UNION OF INDIA & ORS. ..... Respondents Mr. Manish Mohan, CGSC with Mr. Jatin Teotia, Mr. Samarth Talesara, Advocates for UOI. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. Ms. Prabhsahay Kaur, Standing Counsel with Ms. Deeksha L. Kakar, Ms. Ananya Sahu and Mr. Rashneet Singh, Mr. Shivansh Sharma, Advs for DDA with Mr. Gaurav Meena, AE & Mr. Mr. Vishwajeet Gahlot, (AD, Housing), DDA, Mr. Nipun Kumar, Asst. Eng./DDA, Mr. Ajay Arora, Sr. Adv with Mr. Kapil Dutta and Mr. Nitish Dubey, Advocates. Mr. Tushar Sannu, Mr. Karan Chaudhary, Advocates for Respondent MCD along with Mr. SC Yadav (Superintendent Engineer), Mr. BB Aggarwal (Superintendent Engineer), BK Sah (Executive Engineer), Mr. Sanjeev Mudgal (Executive Engineer), Mr. AK Mittal (Assistant Engineer), Mr. Shubham Bansal (Assistant Engineer) Mr. Ali Qambar Zaidi, Mr. Manik Gupta, Advs. in CM No.42189/2024 Mr. Tushar Sannu, ASC for NDMC. Ms. Monika Arora, Mr. Subhrodeep Saha, Ms. Radhika, Advs. for MCD Ms. Puja S Kalra with Mr. Virendra Singh, Advocates with Mr. S. C. Yadav, S.E., B.K. Sah, E.E. & Sanjiv Mudgal, E.E. MCD Ms. Preeti Sirohi & Mr. Sudhanshu Tiwari, Advs. in CM APPl.62545/2024 Ms.Priyam Mehta, Advocate in CM No.47142/2024. Mr. Yogesh Mahajan, Applicant in person in CM APPL. 48597/2024 Mr. Anuj Aggarwal, ASC, GNCTD The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. with Mr. Siddhant Dutt and Mr. Yash Upadhyay, Advocates for GNCTD with Mr. Navin Kumar Chawdhary, Add. Chief Secy, Mr. K.S. Jayachandran, Special Secy, I&FC. Mr. Sangeeta Bharti, SC(DJB) with Ms. Malvi Balyan, Adv. for DJB. Mr. Anuj Chaturvedi, Adv Mr. Harshita Maheshwari Mr. Pawan Karen, DEO with Mr PK Jha, Principal Director Law and Mr. Pranav Siroha, LA for DUSIB. Mr. Ripudaman Bhardwaj, CGSC with Kushagra Kumar, Mr. Abhinav Bhardwaj, Mr. Vishal Baliyan, Advs for UOI AND + W.P.(C) 9617/2022 COURT ON ITS OWN MOTION ..... Petitioner GOVT. OF NCT OF DELHI & ORS. ..... Respondents Mr. Anuj Aggarwal, ASC, GNCTD with Mr. Siddhant Dutt and Mr. Yash Upadhyay, Advocates for GNCTD. Mr. Manish Mohan, CGSC with Mr. Jatin Teotia, Mr. Samarth Talesara, Advocates for UOI. Ms. Prabhsahay Kaur, Standing Counsel with Ms. Deeksha L. Kakar, Ms. Ananya Sahu and Mr. Rashneet Singh, Mr. Shivansh Sharma, Advocates for DDA with Mr. Gaurav Meena, AE, DDA Mr. Mr. Vishwajeet Gahlot, Mr. Nipun Kumar, Asst. Eng., (AD, Housing), DDA. Mr. Vikrant N. Goyal, Adv. for UOI. Mr. Sangeeta Bharti, SC (DJB) with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. Ms. Malvi Balyan, Adv. for DJB. Mr. Anuj Chaturvedi, Adv with Mr PK Jha, Principal Director Law and Mr. Pranav Siroha, LA for DUSIB. Mr. Ripudaman Bhardwaj, CGSC with Kushagra Kumar, Mr. Abhinav Bhardwaj, Mr. Vishal Baliyan, Advs for UOI AND + W.P.(C) 10480/2024 & CM APPL. 43099/2024 AMITA SACHDEVA & ANR. ..... Petitioners Ms. Amita Sachdeva, P-1 (through VC) Ms. Mallika Parmar, Adv. for P-2. GOVT. OF NCT OF DELHI & ORS. ..... Respondents Mr