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2006 DIGILAW 141 (SC)

M. C. Mehta v. Union of India

2006-02-07

C.K.THAKKER, P.K.BALASUBRAMANYAN, Y.K.SABHARWAL

body2006
ORDER : 1. This order is in continuation of the order made on 7th December, 2005. In terms of the said order, the Chief Secretary of the Government of N.C.T. of Delhi has filed affidavit dated 6th January, 2006. Though no specific answer has been given for non-location of the three colonies, namely, Indira Nagar, Sanjay Nagar and Balbir Nagar, to site at Jaunapur but the affidavit sets out the time-frame of shifting instead to Bawana, Holambi Kalan, Savdaghevra and Dera Mandi. It is stated that 1112 jhuggies/units can be shifted immediately to Bawana, 509 to Holambi Kalan and remaining 2678 of Savdaghevra and Dera Mandi where infrastructure and development would be complete and families can be shifted by May, 2006. We would separately examine the issue as to why families were/are not being shifted to Jaunapur and why requisite application seeking permission to change the site was not obtained from this Court but, having regard to the need to immediately get the ridge area cleared, we would, in the first instance, permit the Government to relocate the families within the strict time-schedule mentioned in the affidavit. The shifting would, therefore, clear the ridge area which was the direction made many years ago. It is represented that infrastructure and development activities at Bawana and Holambi Kalan are complete and shifting can be effected immediately. We direct that shifting at these two places be commenced within four weeks and be completed within eight weeks. The remaining families shall be shifted, as above stated, by 31st May, 2006. After shifting is complete, a status report shall be filed indicating therein too availability of the basic facilities in those areas. 2. List the matters in the end of July, 2006.