ROHTASH Vs. PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) The Petitioners seek to challenge the Eviction Notice dtd. 20/9/2023 issued by the Respondent No.1/Public Works Department directing the Petitioners to vacate their Jhuggis which have been put up at Opposite Transport Authority, Gokulpuri Village, North East Delhi-110094. The Petitioners also seek for a direction to restrain the proposed demolition of the Jhuggis of the Petitioners and also rehabilitation of the Petitioners as per the Delhi Slum and JJ Rehabilitation and Relocation Policy, 2015 read with Delhi Urban Shelter Improvement Board Act, 2010 (hereinafter referred to as 'DUSIB Act, 2010')

(2.) It is stated that the Petitioners, who belong to Gadia Lohar community, migrated from Rajasthan to Delhi and started residing in Delhi at Opposite Transport Authority, Gokulpuri Village, North East Delhi-110094. It is pertinent to mention here that though the Petitioners in the list of dates and in the facts as narrated in the writ petition have made such an averment but nothing has been filed before this Court to substantiate their contention.

(3.) It is the contention of the Petitioners that they are entitled to the benefit of Rehabilitation Policy brought out by the Delhi Urban Shelter Improvement Board (DUSIB) and also the benefit of the Judgment passed by this Court in the case of Ajay Maken and Ors. vs. Union of India and Ors., (2019) SCC OnLine Del 7618. It is stated that this Court in Ajay Maken (supra) has laid down the steps to conduct a survey of the Jhuggis and JJ Bastis before removal of the same which the Petitioner has quoted in the writ petition and the same are being reproduced as under: