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2000 DIGILAW 983 (DEL)

SAMUDAYIK VIKAS SAMITI v. UNION OF INDIA

2000-11-16

M.K.SHARMA

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( 1 ) ISSUE notice to the respondents to show cause why rule nisi be not granted, returnable on 30/11/2000. Notice be issued without process fee. ( 2 ) IT is stated by learned Counsel for the petitioners that the families which have been shifted from Gautam Puri (behind I. G. Stadium) and East of Kailash to Bhalswa have not been provided with any facilities namely, electricity, water and toilets. It is also stated that even the Delhi Transport Corporation has not extended the bus services to the area in question. The representatives of the Habitat International Coalition state that it is the State s responsibility under Article 21 of the Constitution to provide services to the families in the area. They also submit that the children have not been provided access to the schools inasmuch as the D. T. C. is not operating its services in the area. ( 3 ) IN response, learned Counsel appearing for the M. C. D. states that basic facilities are being provided to the relocated families. ( 4 ) IN order to check the ground realities we are of the considered view that the same Committee which was appointed vide order dated 29/08/2000 passed in C. W. P. No. 3507/2000 should visit the site and give its report with regard to the matters which are specified in that order. A copy of the order dated 29/08/2000 passed in C. W. P. No. 3507/2000 be kept on the file of this writ petition. The Committee in its report shall also specify as to whether facilities like water, electricity, toilets, etc. are being made available to the relocated families. ( 5 ) THE problem of relocation of jhuggi dwellers is fraught with complexities. It has been recognised in various judgments of the Supreme Court that right to shelter is a fundamental right springing from Article 21 of the Constitution. Statistics show that there are lakhs of people who are residing in jhuggi clusters in and around Delhi. In order to provide shelter to them the State is to find land and money. There is dearth of both the resources. In the long run it may not be feasible to allocate individual plots to jhuggi dwellers by the land owning agency due to scarcity of land. In order to provide shelter to them the State is to find land and money. There is dearth of both the resources. In the long run it may not be feasible to allocate individual plots to jhuggi dwellers by the land owning agency due to scarcity of land. In accordance with the policy in vogue, at present the State is allocating a small piece of land to a jhuggi dweller and also paying a fixed sum of money for construction of a unit. We understand that about a sum of Rs. 50,000. 00 is being spent by the State to settle a relocated family. The cost of settlement for lakhs of jhuggi dwellers will be enormous and the State may find difficulty in finding such huge sums of money. Therefore, ways and means must be found which would minimise the requirements of land and capital for settling the jhuggi dwellers. It will be for the Government to consider whether multi-storeyed buildings could be raised for settling jhuggi dwellers. Each family could be allocated one unit in a mutli-storeyed building on meagre rent/licence basis. In this exercise the Government could involve N. G. Os. and international funding agencies like World Bank. Organisations like HUDCO which have experience in constructing low cost houses could also be associated with such a project. ( 6 ) IN the circumstances, therefore, we consider it appropriate to call upon the Secretary, Urban Development, Government of India; Secretary, Urban Development, Govt. of NCT of Delhi; Secretary, Health, Govt. of NCT of Delhi; Vice Chairman, Delhi Development Authority; Commissoner, Municipal Corporation of Delhi; and the Chairman, Housing Urban Development Corporation Ltd. , to be present personally on the next date for chalking out modalities. Therefore, Court notices should issue to the aforesaid persons for their personal appearance on the next date. ( 7 ) WE also consider it appropriate to issue Court notices to the Delhi Vidyut Board, Delhi Jai Board, Delhi Transport Corporation and the Secretary, Health Services, Govt. of NCT of Delhi. They should be represented by their representa- tives so that they could aprise us of the facilities which are being extended at present and which are required to be given to the relocated persons. of NCT of Delhi. They should be represented by their representa- tives so that they could aprise us of the facilities which are being extended at present and which are required to be given to the relocated persons. ( 8 ) IN the meantime, we also consider it appropriate to pass the following directions: (1) The Chairman, D. T. C. is directed to provide bus services to the relocated residents of the area in question. (2) The M. C. D. is directed to provide sufficient number of mobile toilets in good working condition as a stop-gap arrangement till permanent arrangements are made. (3) The Delhi Jal Board is directed to arrange for and provide potable water for the residents of the area. (4) The Secretary, Health, Govt. of NCT of Delhi, is directed to provide mobile dispensaries for the residents of the area. ( 9 ) THESE directions are required to be complied with immediately. ( 10 ) A copy of this order be given to each of the Counsel for the parties under the signatures of the Court Master. List the matter on 30/11/2000 in Chamber.