PITAM PURA SUDHAR SAMITI Vs. UNION OF INDIA

JUDGEMENT

(1.) ALL these Writ Petitions are filed by way of Public Interest Litigation. The matter raised in these Petitions of course is of public importance. However, the claims in these Petitions are conflicting in nature. The issue involved is about the existence/removal of the Jhuggi Jhopri Clusters in Delhi (hereinafter referred to as JJ Clusters, for short) and their rehabilitation. These Petitions can be classified in two categories, in one set of petitions, the petitioners have highlighted the problem of existence of JJ Clusters and have prayed for removal thereof. These Petitions are mostly filed by various resident associations of colonies alleging that after encroaching the public land, these JJ Clusters have been constructed in an illegal manner and they are causing nuisance of varied kind for the residents of those areas. The other set of petitions are filed by or on behalf of JJ Clusters who either want to continue in the same clusters and demand better facilities or are claiming their rehabilitation.

(2.) FOR the sake of convenience facts of two Petitions, one of each kind, is noted. In so far as Petitions filed under the first categories are concerned, we shall take stock of the factual matrix bearing in CWP No. 531/90 entitled K.K. Manchanda v. Union of India and in the case of CWP No. 4215/90 wherein the petitioners have echoed almost similar problem, which was even otherwise treated as the lead case. To have the glimpse of other side we shall take stock of the factual position stated in CWP 4229/96.

(3.) IT is also stated that in spite of various representations to almost all the authorities of the matter, no concrete steps have been taken either to develop the park and stop the user thereof as public lavatory by constructing toilet like sulabh sauchalaya for these areas. He further states that the Vice Chairman, DDA had visited the premises in the year 1988 when the following decisions were taken.