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2001 DIGILAW 212 (DEL)

K. K. MANCHANDA v. UNION OF INDIA

2001-02-16

O.P.DWIVEDI

body2001
( 1 ) THE Secretary Urban Development, Government of India; Principal Secretary, government of NCT of Delhi; Commissioner, MCD; Additional Commissioner, Slum (JJ) Department, MCD; Secretary Health, Government of NCT of Delhi; chairman dvb; CEO, Delhi Jal Board; Chairman, HUDCO; and Chairman, RITES, are present. ( 2 ) THE Secretary Urban Development states that the report of the co-ordination committee is in the process of being finalised. The Chairman, HUDCO, who is present in person, states that he will furnish a scheme to the Co-ordination Committee with regard to the construction of low. cost dwelling units for the slum dwellers. We understand that some of the counsel for the parties have filed written suggestions in the connected petitions. Let the counsel furnish copies of the written suggestions filed before us to the Co-ordination Committee so that the suggestions could be considered by the Co-ordination Committee before finalising the report. In case the written suggestions are not received by the Co-ordination Committee within one week, it should proceed to finalise the report without waiting for the same. The Co- ordination Committee shall also consider the question of protecting vacant lands belongings the Government and its agencies from encroachments and deal with the same in its report. ( 3 ) THE Secretary, Urban Development, states that the policy for re-location of the jhuggi dwellers has been. finalised. He says that according to the policy, in case a jhuggi dweller has to be uprooted from a particular area, he is required to be re- located in another area. We would expect the Government of India to file an affidavit stating the policy which has been finalised. The affidavit be filed within three weeks the Railways shall also file an affidavit stating as to whether or not they would be following the policy of the Government of India. ( 4 ) ONE more aspect of the matter which is connected with the question of providing shelter to the shack dwellers needs to be given thought to. We find that when shack dwellers are re-located at new sites the infrastructure meant for the purpose of making available the basic needs is rarely in place. This is due to lack of co- ordination between various wings of the Government which are meant to provide the infrastructure. Ways and means must be found to solve the difficulties. We find that when shack dwellers are re-located at new sites the infrastructure meant for the purpose of making available the basic needs is rarely in place. This is due to lack of co- ordination between various wings of the Government which are meant to provide the infrastructure. Ways and means must be found to solve the difficulties. Undoubtedly, the problems in question are massive but must be surmounted. One such problem is lack of toilets in the city and along the railway lines. Not only the shack dwellers but also others who do not find any toilet for defecation and urination, use fields, roads, foot paths and other open places for the said purposes. This is not in keeping with human dignity. Violation of the dignity of human beings infringes Article 21 of the constitution. Besides, Delhi being the capital city of the country, is a show window to the world of our culture, heritage, traditions and way of life. A city like Delhi must act as a catalyst for building modern India. It cannot be allowed to degenerate and decay. Defecation and urination cannot be allowed to take place in open at places which are not meant for these purposes. ( 5 ) IN the circumstances, we direct the M. C. D. to chalk out a plan for constructing toilets and to implement the same on war footing in the various parts of the city. The railways are also directed to construct toilets along the railway lines where there is concentration of shack dwellers. ( 6 ) THE Commissioner, MCD, states that toilets all over the city shall be built with expedition and despatch. He says that work will commence by April 2001. The general Manager Railways, who is present in person, says that to start with the railways shall construct 100 units of Sulabh toilets along the Railway lines wherever sewer lines are available. He also says that the Railways have planned about 300 units on 8 locations along the railway lines. According to him the work is likely to be completed within eight months. It appears to us that the provision for construction of toilets cannot violate any land use of the areas as per the Master- Plan. He also says that the Railways have planned about 300 units on 8 locations along the railway lines. According to him the work is likely to be completed within eight months. It appears to us that the provision for construction of toilets cannot violate any land use of the areas as per the Master- Plan. ( 7 ) LEARNED counsel for the MCD says that approach roads to Bhalaswa are in the process of being repaired and that process shall be completed by 31/3/2001. ( 8 ) LEARNED counsel appearing for the Government of NCT of Delhi says that the approach roads to Hastsal, where some of the Juggi dwellers have been relocated, shall be repaired within four weeks provided the area falls within the Jurisdiction of the government of NCT of Delhi. ln so far as development of Bakkarwala is concerned it is stated by the Additional Commissioner, Slum (JJ) that the development will be taken in hand as soon as the land use of the area is changed. He says that the change of land use will take four to six weeks. ( 9 ) THE Chairman, D. V. B. , says that the scheme for electrification of Hastsal to which jhuggi dwellers have been re-located is likely to be received in a couple of days from the Slum (JJ) Department of the MCD. He says as soon as the scheme is received and the requisite payment is deposited by the department, and a site is identified for the establishment of a 66 KV sub station, the process of permanent electrification of the area shall start. He further says that the DVB has already prepared an interim scheme for partial electrification of the area in question. He further says that the estimates for the cost of Rs. 1. 4 crores for HT component is being sent to the Slum (JJ) department. The Additional Commissioner, Slum (JJ) department of MCD says that the funds for electrification of the area are available with the department and the same shall be deposited with the DVB. ( 10 ) WE hope and trust that the process of electrification of the area shall be commenced without any delay and shall be completed within a period of one year. ( 10 ) WE hope and trust that the process of electrification of the area shall be commenced without any delay and shall be completed within a period of one year. In so far as partial electrification of the area is concerned the Chairman, DVB, says the same shall be completed within a period of six months. ( 11 ) THE Secretary Health, Govt. of NCT of Delhi says that the mobile dispensary is functioning in Hastsal and looking after the health needs of the shack dwellers. He further says that his department is willing to set up a permanent dispensary in the area provided Slum (JJ) Department of MCD provides three pre-fabricated rooms for this purpose. The Additional Commissioner, Slum (JJ) says that the pre-fabaricated rooms shall be made available to the Health department within 15 days. Responding to the statement of the Additional Commissioner; Slum (JJ) Department, the Secretary health states that the dispensary shall start functioning immediately after the rooms are provided by the Slum Department. ( 12 ) LEARNED counsel for the Govt. of NCT of Delhi shall seek instructions as to whether or not ration shops have been opened in the aforesaid areas. ( 13 ) THE Chairman, HUDCO, and the Chairman, RITES, shall also be the members of the Co-ordination Committee. List the matter on 21/3/2001.