GAYA PARSHAD Vs. N D M C

JUDGEMENT

(1.) Yet another problem of relocation of jhuggis has been brought before this Court by way of the present petition. Petitioners claim to belong to socially and economically backward classes. They state that they are poor and illiterate. They claim to work as washermen (Dhobi) at Dhobi Ghat No.15, Clive Road, South Avenue, now known as Tyagraja Marg. Petitioners claim that their ancestors migrated from the territories of Pakistan after partition and built temporary structures for their residence at the site. They claim that NDMC charged license fee from the petitioners and previously from their ancestors, to reside and carry on trade of washerman at the site.

(2.) As per the petitioners, the trade of washerman requires residence and place of work to be at the same site. If separated in residence from the place of work it would be difficult for the washerman to keep round the clock vigil on the clothes given to them by their customers for washing and ironing. They claim that they paid the entire cost when NDMC constructed permanent huts/rooms with asbestos sheets at the place in question. They claim not to have encroached upon any land other than the site allotted to them. In para 6 of the petition it is averred that NDMC constructed similar structures at Sunehri Bagh Lane, Dhobi Ghat No. 18 as also at Darbhanga Ghat No. 23.

(3.) Offence taken in the petition is to an action proposed by the Slum and JJ Wing of the Municipal Corporation of Delhi to relocate the slum dwellers. Decision to this effect is stated to have been taken under cover of office order dated 9.10.1995 (Annexure P-1).