VILLAGE PUL PEHLADPUR RESIDENTS Vs. UNION OF INDIA

JUDGEMENT

(1.) This Petition prays for the issuance of a Writ of Mandamus directing the Respondents "not to apply pick and choose policy to demolish the houses of the residents and dispossess the occupants which are in existence in Khasra Nos. of the colony situated in Village Pul Pehladpur, Tehsil Kalkaji, Distt. New Delhi but to take action in accordance with the policies and modalities framed by the respondents Nos.1 and 2 and maintain the uniform law of equity among the residents and the occupants of the Khasra Nos.".

(2.) It has been contended by Mr. Ravindra Sethi, learned Senior Counsel appearing on behalf of the Petitioners, that Village Pul Pehladpur falls amongst the 1071 unauthorised colonies which have been recommended to the Government of India for regularisation. Reliance has been placed, inter alia, on the Guidelines For Regularisation of Unauthorised Colonies. These Guidelines stipulate, inter alia, that colonies where more than 50 per cent plots are unoccupied or buildings used for commercial purposes except petty shops upto 50 square meters will not be considered for regularisation. It has been emphasised that Clause 1.2 of the Guidelines does not draw any distinction between unauthorised colonies on private or public land. Clause 1.8 envisages disparate treatment for affluent and non-affluent sections of the society.

(3.) On 17.8.1998, while disposing of CWP No.4771/1993 titled Common Cause (Regd.) Society vs. Union of India, the Division Bench observed, inter alia, as follows: In respect of the colonies on the Government land and other colonies which are not to be regularised for one reason or the other it is high time that the Government takes a definite decision. Over the years we have passed repeated orders impressing upon the government that the result of not taking decision is resulting in corruption at various levels. We are not suggesting, for the present, whether a particular colony shall be regularised or not but what we are directing is to take a definite decision and if it is decided not to regularise a particular colony then to carry out that decision to its logical end by demolition action and not merely demolition of only few selected houses but the colony as a whole. These aspects, the Chief Minister assures us would be decided positively within a month and half and placed before this Court for appropriate directions. The papers to be filed within 10 days or 45 days would also indicate the charges which may be payable for the regularisation of the various colonies decided to be regularised.