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Synopsis

The Delhi High Court on Friday directed the Delhi Development Authority (DDA) to stay the sealing, eviction and/or demolition of the Jhuggi Jhopdi (JJ) dweller in Bhoomiheen Camp, Kalkaji, Govindpuri in Delhi until the next date of hearing i.e. August 8.

The Vacation bench of Justice Tara Vitasta Ganju issued notice to the respondent authorities and stayed the demolition of the Petitioner’s accommodation.

The court was hearing a plea by one Niranjan Kandar, resident of Bhoomiheen Camp at Kalkaji, New Delhi seeking directions to the DDA to set aside the order dated March 22 issued by the appellate authority appointed by it.

The grievance of the petitioner was that he was informed verbally on June 12, 2023 that the jhuggi in which he is residing may be demolished. He was aggrieved by the actions of the Eligibility Determination Committee [EDC] set up by DDA which had on November 7, 2022 released a list of candidates who were declared as ineligible for allotment of an alternate dwelling/accommodation under the 2015 Policy, which included the name of the Petitioner.

Advocates Nishant Kumar Balyan and Nisha Rawat, appearing for the petitioner placed reliance on the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015 and submitted that he must be properly rehabilitated by the Respondents prior to any demolition. The counsels contended that the ineligibility was based on the fact that the petitioner was unable to produce a ration card.

It was also contended that despite applying for the same several years ago, no ration card has been issued to them. Furthermore, it was submitted that if DDA is allowed to continue with its demolition, the present petition will become infructuous and irreparable harm and injury will be caused to the petitioner.

On the contrary, the counsel for the respondent drew the court’s attention to order of the appellate authority, whereby it stated that the orders were passed after giving due and adequate consideration to the 2015 policy as well as the documents placed on record by the petitioner.

Observing that the matter requires further examination, the court issued notice to the respondent authorities and accordingly, listed the matter for further hearing on August 8 at 3:30 pm.

“Given the circumstances of the case, Respondents are directed to stay their hands qua sealing, eviction and/or demolition with respect to the Petitioner’s Jhuggi until the next date of hearing”, the court ordered.

Case Title: Shri Niranjan Kandar v. DDA & Ors.