South Indian Welfare Association vs MCD and Another

Rajiv Sahai Endlaw, J.—The writ petition seeks mandamus directing the Respondents MCD and the Slum & J.J. Department, then of the MCD and since succeeded by the Delhi Urban Shelter Improvement Board to relocate the members of the Petitioner who were removed from the J.J. cluster known as New Gandhi Camp, Kailash Colony, New Delhi on 23rd March, 2006. The Petitioner claims that its members are entitled to relocation in accordance with the Policy of the Govt. of NCT of Delhi.

Notice of the writ petition was issued. No counter affidavit has been filed by the Respondent No. 1 MCD. None appears for the MCD today. The Respondent No. 2 Slum & J.J. Department has in its counter affidavit inter alia stated that it carries out a survey to determine the eligibility for relocation on instructions from the land owning agency i.e. from whose land the applicants claiming right of relocation are removed. The same statement was made by the counsel for the Slum & J.J. Department before this Court on 27th October, 2009 also and it was also informed that the said Jhuggi Jhopri cluster was removed in pursuance to the directions of the Division Bench of this Court in a public interest litigation being W.P.(C) No. 8556/2005. It was also stated that land underneath the said cluster belonged to the General Wing of the MCD.

On 21st July, 2010 it was observed that Govt. of NCT of Delhi is a necessary and proper party and Petitioner granted liberty to apply for impalement. CM No. 1069/2011 has been filed by the Petitioner for impalement of the Govt. of NCT of Delhi.

However in view of the aforesaid position, need is not felt to impale the Govt. of NCT of Delhi, it being established that the land underneath the said cluster belonged to the MCD which is already a party over here. The verification of the claims of the members of Petitioner by the Board cannot be deferred any further awaiting instructions by MCD to the Board to carry out the said verification. The MCD in any case has not opposed the claim of the Petitioner of verification.

In the aforesaid circumstances, the writ petition is disposed of with the direction to the Delhi Urban Shelter Improvement Board to verify the claims of the members of the Petitioner for relocation in accordance with the Policy of the Govt. of NCT of Delhi. The members of the Petitioner to appear before the Delhi Urban Shelter Improvement Board along with their documents at 1100 hours on 24th February, 2011 and thereafter on such dates as may be necessary. The verification is completed within six months. Needless to state that such of the members of the Petitioner who are found eligible in accordance with the Policy of the Govt. of NCT of Delhi shall be relocated.

No order as to costs.