RAM PAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioners with the following prayers:-

(2.) The submission of Mr. Sanjoy Ghose, learned Senior Counsel for the petitioner is that the respondents could not have undertaken the process of demolishing the construction on Khasra No. 484 near DPS Mathura Road, New Delhi by virtue of an exemption granted by CAQM from GRAP III restrictions. According to him, the exemption appears to have been granted in abuse of powers vested with it. The exemption granted in such haste and which order has not been shown to the petitioner or the Court is being used to demolish jhuggi jhopris belonging to notified and protected JJ Basti, DPS Mathura road. In fact, it is his submission that no rehabilitation has been undertaken and the petitioner is about to be left homeless due to the actions of the respondents.

(3.) According to him, the order for whose alleged compliance the demolition is being undertaken was passed on August 23, 2019, four years ago and demolition is being undertaken with great haste without rehabilitating the petitioner and in extreme hurry violating all the directions passed by this Court in Ajay Maken v. Union of India and Ors., W.P.(C) 11616/2015, decided on March 18, 2019. That apart, he also relies upon the survey carried out by the DUSIB in the year 2012 wherein the DUSIB had named 212 families as part of the JJ Cluster and who are entitled to the benefit of rehabilitation and relocation policy.