P C JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions have been filed by the petitioners seeking directions against the respondents to allot alternative aucommodations to the petitioners for commercial purpose to treat them at par with persons who were removed from the adjacent areas surrounding Jama Masjid.

(2.) The petitioners were unauthorised occupants on public and and were occupying land at Dr.Ambedkar Jhuggi Jhonpri Camp, A Block, Nehru Placed New Delhi. The petitioners claimed to be doing the business of sale and purchase of waste papers and are stated to have a registered association known as South Delhi Kabadi Welfare Association. The petitioners filed CW 7709/2000 and 3669/2001 seeking directions for alternative accommodation to the petitioners on giving proof of residence and it is stated that in terms of the orders dated 20.11.2001 the eligibility of the petitioners was to be determined and all the eligible persons have been granted alternative accommodation. The petitioners are however, aggrieved by the fact that the alternative accommodation if provided to them is only on the basis of their residence and not to earn their livelihood and carry on then occupation. The petitioners state that they are likely to be shifted in an area which is far away from then present place of occupation and they would loose them livelihood. It is further stated that in the case of Civil writ petition No 156/97 titled 'P Chakrabrty & Ors. Vs. Union of India & Ors' the squatters who have been working for their livelihood in the areas adjacent to Jama Masjid of surrounding areas have been provided alternative accommodation in Seemapuri of Gokulpuri from where they can continue to carry on their livelihood.

(3.) In the counter affidavit filed by respondent No 2 DDA it is stated that the petitioners had filed the earlier. Civil writ petitions No. 7709/2000 and 3669/2001 for the same cause of action and for identical prayers which was disposed of on 6.11.2001 and 20.11.2001 respectively and thus it is not open to the petitioners to agitate their grievances once again. The petitioners ate stated to be occupants of Dr.Ambedkar Jhuggi Jhonpri Cluster where more than 5000 Jhuggis exist by ereroaching upon DDA land and some of the persons were doing business of 'Kabadi' These jhuggi jhonpri dwellers were to be relocated at Madanpur Khadar as per the the policy of the Government of India and more than 3000 eligible jhuggi jhonpri dweller have already been relocated. In the affidavit reliance is also placed on the order dated 6.11 2001 in the two writ petitions where the present petitioners are also petitioners in terms whereof it was directed that it was for the squatters found eligible to avail of the relocation and that the respondent would be free to evict them from the existrng sites The land in question is stated to be now free from encroachments in pursuance to the demolition programme of the site on 15.1.2001. The allotment is in the terms of the criteria laid down by the Government of India whereby the date from which the squatters have been squatting is material for purposes of allotting the size of the plot. It has further stated that there is no policy for such relocation for persons who are running their commercial business.