Delhi Anushuchit Jati Vikas Sangathan v. Department for the Welfare of Sc/St/Obc Minorities and Anr & Anr

RAJIV SAHAI ENDLAW, J. SEPTEMBER 12, 2012 pk

WP(C) NO. 8674/2011 Page 1 of 7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: 29th August, 2012 % Judgment Pronounced on: 12th September, 2012 + WP(C) NO. 8674/2011 Delhi Anusuchit Jati Vikas Sangathan ..... Petitioner Through: Mr. Lalit Kumar, Advocate Versus Department for the Welfare of SC/ST/OBC Minorities And Anr. … Respondent Through: Ms. Zubeda Begum, Ms. Sana Ansari, Advocates for GNCTD Ms. Renuka Arora, Adv. for DSIIDS Mr. Parvinder Chauhan, Adv. for DUSIB CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW A.K. SIKRI (ACTING CHIEF JUSTICE): This writ petition is filed by Delhi Anusuchit Jati Vikas Sangathan (Registered) in public interest. It is stated that petitioner society is constituted for the welfare of the weaker sections living in JJ cluster/re- settlement colonies and to improve their quality of lives. In this writ petition, the petitioner has sought to espouse the cause of dwellers of jhuggi jhopri of Nangloi re-settlement colony who are stated to be people of below poverty line. This colony which is situated at Phase II Nangloi came into existence in the year 1968 on a barren and uninhibited land allotted to WP(C) NO. 8674/2011 Page 2 of 7 unauthorized Jhuggi-jhopri dwellers of Delhi with a view to resettle them. In the said basti is the land of Slum and J.J. Department in Nangloi which is being used as water toilet for last 25 years and this land is lying vacant for years. It is an open area which is being used for the purpose of toilet. It is open garbage which is affecting the life and liberty of people residing in the said Basti. It is a health hazard. The inhabitants of the said Basti have to make this place habitable by their sheer hard work. This area at the time of resettlement was not all habitable. It was nothing but garbage in which humans were let to live in. People of the said basti have their life in danger. At the risk of their lives, they are holding on as they have no other place to live in. The demand of the petitioner Sangathan is that there should be construction of sheds in the aforesaid area so that local semi-educated persons of Nangloi could get the opportunity of employment. For this purpose, they have approached various authorities including Delhi Financial Corporation, DSIIDC, Slum & JJ Department (now DUSIB), social welfare department of the Government of NCT of Delhi etc. Since no concrete steps are taken by any of these authorities, present writ petition is filed with the following prayers: "Issue writ of Mandamus, and any other writ or direction under Article 226 of the Constitution against non-release of funds for construction of work places for welfare of weaker sections of society like SC/ST/OBC/ MINORITIES by Department of SC/ST Welfare, the respondent No.1. a) To issue appropriate writ in favour of petitioner directing respondent to immediately release money for the cost of land of DUSIB and construction of work places to DSIDC so that the construction of work places WP(C) NO. 8674/2011 Page 3 of 7 is started immediately and which is pending for disposal before the respondent no.1 for such a long time and is against all cannons of justice. b) To direct the respondent no.1 to remove garbage from the said site which is being used by the people of the area as a toilet so that people of the area could live in healthy and hygienic condition improving condition of environment and making area disease free. c) To direct the respondent no.1 to give details of expenditure specifically done by them for the welfare of SC/ST from the plan funds made available to them by the Central Government under SCSP. Respondent no.1 may be directed to ask what the schemes are being run by them both State and the Central Government schemes for the uplift of weaker sections to fulfill the constitutional mandate and Plan objectives and how much of Plan funds lapsed/diverted for other expenses. d) To direct the respondent no.1 that if it is not possible fo