ORDER : In matters except I.A. No.1207 in I.A. No.22 in W.P. (C) No.4677/1985 : 1. Mr. D.C. Khanduri, Deputy Conservator of Forests-cum- Secretary, Ridge Management Board, filed in this Court, in I.A. No.18 in Writ Petition (C) No.4677 of 1985, an affidavit dated 8th April, 1996, inter alia, stating that the Chief Secretary of the Government of N.C.T. of Delhi undertook a visit of Sanjay Nagar, Balbir Nagar and Indira Nagar J.J. Clusters in Bhatti area and Gaon Sabha land at Jaunapur on 6th April, 1996 along with officers of various organisations connected with the shifting of the population. After considering the work involved, ground conditions, topography of the area, weather conditions and various administrative and financial requirements, the time- frame to shift the population as worked-out by the Slum and J.J. Department, was approved by the Chief Secretary as given in Annexure-A, which is a report of the Committee constituted by the Government of N.C.T. of Delhi for identification of land for relocation of Jhuggies [slum dwellers] from Jaunapur and Bhatti mines Ridge areas. The report mentions about the feasibility of the land in Jaunapur and the availability of adequate vacant land [about 65 acres of land]. On 9th April, 1996, considering the affidavit and the report as also the time required for the clearing of the ridge area of Bhatti mines, this Court directed that all the encroachment from the area of ridge must be shifted before 31st October, 1996. The court, in the order dated 9th May, 1996, noted the statement of Mr. Khanduri that the work of relocation of J.J. dwellers of Ridge has already been undertaken on war footing. Further, it appears that possession of 61 acres of land was handed over by the Block Development Officer to the Delhi Government on 14th May, 1996. In terms of the order dated 21st November, 1996, the time for shifting was extended up to 31st March, 1997. The Chief Secretary of the Government of N.C.T. of Delhi and the Chairman of the Ridge Management Board filed an affidavit dated 1st April, 1997 seeking extension of time to complete the process of shifting the J.J. clusters from Southern Ridge up to 31st October, 1997. 2. To say the least, it is a matter of anguish that despite lapse of about nine years and the orders above-referred, the Ridge has not been cleared of J.J. clusters.
2. To say the least, it is a matter of anguish that despite lapse of about nine years and the orders above-referred, the Ridge has not been cleared of J.J. clusters. It does not appear that any order was passed by this court extending the time as sought in the affidavit of the Chief Secretary. Further, it deserves to be noticed that the order dated 21st November, 1996, directed filing of monthly reports. It seems that even that direction has not been complied with. No report has been shown to us. Apart from the affidavit dated 1st April, 1997 of the Chief Secretary, no application has been filed by the Government of N.C.T. of Delhi seeking extension or the change of location, except the affidavit filed for the first time in response to I.A. No.1821. The substantive application (I.A. No.1882) was filed on 14th October, 2004, seeking modification of the order dated 9th May, 1996 and permission to the encroachers to Bawana industrial area. 3. We have perused the affidavit of Mr. A.S. Khullar dated 31st August, 2002 filed in response to I.A. No.1821 as also the averments made in I.A. No.1882. The affidavit and the application hardly contain full particulars and details as to why the Government should be permitted to change its position and allowed to shift to a place other than Jaunapur. In fact, as already noticed, no affidavit or application was filed and the only affidavit filed for the first time after a period of five years was in response to I.A. No.1821. Though the affidavit and the application make a mention of some reference made to NEERI but neither the date of when reference was made nor the reasons for reference nor the report has been filed. However, having regard to the facts and circumstances of the case, we permit, and rather direct, the Chief Secretary to file a detail affidavit date-wise and chronological-wise stating as to what transpired from 1st April, 1997, i.e., date when the Chief Secretary filed the affidavit afore-noted, till the filing of the affidavit by Mr. Khullar on 31st August, 2002. Along with the affidavit, the Chief Secretary shall file all supporting documents.
Khullar on 31st August, 2002. Along with the affidavit, the Chief Secretary shall file all supporting documents. The affidavit shall also state as to the present status of land at Bawana in respect of which permission is sought for shifting of J.J. clusters from Bhatti mines as also the status of the land at Jaunapur, as above noticed. The affidavit shall be filed within two weeks. 4. List these applications in the month of January, 2006. In I.A. No.1207 in I.A. No.22 in W.P. (C) No.4677/1985. 5. De-link the interlocutory application.