LAWS(DLH)-2011-1-243

RAJNI SINGH Vs. UNION OF INDIA

Decided On January 12, 2011
RAJNI SINGH Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Petitioner No. 1 is an advocate and Petitioner Nos. 2 and 3 it is stated are washermen (Dhobis) who along with others were using and residing in hutments near the dhobi ghat No. 28, Rouse Avenue. Along with the petition, a list of 47 dhobis has been filed and it is alleged that their hutments have been demolished but no alternative site has been allotted to them. Ministry of Urban Development, LandDO, Government of India, (Land DO, for short) is the land owning agency of the land which was earlier in occupation of the dhobis. It was stated that the said dhobis have set up temporary hutments on the left side of Deen Dayal Upadhyay Sarvodaya Vidyalaya, New Delhi.

(2.) A joint survey of the area at Rouse Avenue occupied by dhobis was carried out by Land DO and DDA. As per the affidavit of Land DO a total number of 181 encroachers/dhobis were identified and out of these only 152 came forward for survey and submitted required documents. Out of these 152 encroachers, 122 had documents for the period before 31st December, 2004. Out of the balance 30, 25 persons did not have documents prior to 31st December, 2004, 3 were using land for religious purpose and 2 were using it for commercial purpose. These 152 Dhobis were in occupation of seven dhobi ghats. Out of the seven dhobi ghats, demolition action were taken in respect of two dhobi ghats and 45 hutments of the Dhobis were removed on 15th January, 2009.

(3.) DDA has placed on record the minutes dated 26th August, 2008 of a committee headed by Minister of Urban Development on the issue of relocation of dhobi ghats from Rouse Avenue to Dwarka. As per the said minutes, on the basis of a survey the families have to be relocated and given plots of 18 sq.mts or 12.5 sq.mts on the basis of cut off dates for determining eligibility i.e. 31st January, 1990 and 31st December, 1998 respectively. However, in a subsequent meeting held on 23rd September, 2008 on the basis of the joint survey carried out by Land DO and DDA, it was decided that plots of 12.5 sq.mts. will be allotted to the eligible persons. It was also decided that DDA would construct a dhobi ghat and provide related facilities like water, etc.