1631513068626_44425_2021.pdf

1. $~26(1)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5822/2021, CM APPL. 18254/2021, CM APPL. 30553/2021
& CM APPL. 30649/2021
DHOBHI GHAT JHUGGI ADHIKAR MANCH ..... Petitioner
Through: Ms. Kawalpreet Kaur and Mr. Haider
Ali, Advocates.
versus
DELHI DEVELOPMENT AUTHORITY AND ORS ..... Respondents
Through: Ms. Prabhsahay Kaur, SC for
DDA/R-1.
Mr. Parvinder Chauhan and Nitin Jain
Advocates for DUSIB/R-2.
Mr. Rizwan, Advocate for
GNCTD/R-3.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R
% 09.09.2021
The hearing was conducted through video conferencing.
1. The learned counsel for the petitioner states that the petitioners
shanties have been demolished and they have been removed from
their residences this court’s orders passed last June.
2. The learned Standing Counsel for DDA submits that temporary
arrangements has been provided by and at the cost of DUSIB but the
jhuggi-dwellers had returned to the site, from where -- in the interim,
the jhuggies been demolished by DDA. She further submits that the
petitioners have not been able to show any documents that they have
Digitally signed By:KAMLESH
KUMAR
Signing Date:13.09.2021
11:47:14
Signature Not Verified

2. been occupying the said site since 1999 or otherwise before 2015.
She says that latter date is important for them to avail the benefit
under the judgment in Ajay Maken and Ors. Vs. Union Of India
260(2019) DLT 581 and Ors. and Sudama Singh & Ors. vs
Government of NCT of Delhi & Anr. (2010) 168 DLT 218(DB).
3. The learned counsel for the petitioner submits that the petitioners have
been residing at the site for years and have documents, which grants
them protection in terms of the aforesaid judgments.
4. Let them file a site plan along with documents in support of their
claims. Copies of the same shall be furnished to DUSIB and DDA
within 10 working days.
5. Till the next date of hearing, no precipitate action shall be taken
against the persons who claim protection of the aforesaid judgments.
6. The learned Standing Counsel for DDA had filed satellite picture of
the site concerned which is reproduced here under:
Digitally signed By:KAMLESH
KUMAR
Signing Date:13.09.2021
11:47:14
Signature Not Verified

3. Digitally signed By:KAMLESH
KUMAR
Signing Date:13.09.2021
11:47:14
Signature Not Verified

4. 7. Let status-quo be maintained in terms of the said photographs.
8. List on 12.01.2022.
9. The order be uploaded on the website forthwith.
NAJMI WAZIRI, J
SEPTEMBER 9, 2021
SS
Digitally signed By:KAMLESH
KUMAR
Signing Date:13.09.2021
11:47:14
Signature Not Verified