SUSHILA Vs. DDA

JUDGEMENT

(1.) THE petitioner has prayed for directions to the respondents to allot an alternative permanent plot/flat to her alongwith suitable compensation on the ground that she was residing in a Jhuggi situated at Sawan Park, New Delhi, for a long time and the same was demolished on 25.09.2000, without rehabilitating her.

(2.) IT is stated by the learned counsel for the petitioner that in the year 1991, the petitioner alongwith 91 others had filed a writ petition in this Court, registered as W.P.(C) 4052/1991 praying inter alia for directions to the respondents not to evict them from the land situated in Khasra No.646 to 650 situated in Sawan Park. Pertinently, the petitioner herein was arrayed as petitioner No.35 in the aforesaid proceedings. Vide order dated 07.03.2001, the aforesaid writ petition was disposed of with directions to the respondents to consider the case of the petitioners therein in the light of the new policy formulated by the Government of India for relocation of Jhuggi dwellers. IT was further observed that DDA would examine the case of each of the aforesaid petitioners and give reason for the decision that would be taken thereon. IT was lastly directed that the interim order operating in favour of the petitioners therein would continue till the matter would be decided by the DDA in the light of the new policy. A copy of the order dated 07.03.2001 is enclosed as Annexure P-3 to the writ petition.

(3.) AS regards respondent No.3/DUSIB, it has averred in its counter affidavit that the name of the petitioner had existed in the joint survey list prepared at the time of removal/relocation of the Jhuggi cluster in Sawan Park in the year 2000. It is further averred that as per the joint survey list, the petitioner had furnished a ration card bearing the date, 19.06.1997 and therefore, she was found eligible as per the then existing policy for rehabilitation of J.J dwellers, but as she had failed to produce the original documents, her case could not be processed further.