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2008 DIGILAW 642 (DEL)

PRASIDHY CHAUHAN v. DELHI DEVELOPMENT AUTHORITY

2008-07-04

SIDDHARTH MRIDUL, T.S.THAKUR

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SIDDHARTH MRIDUL, J : 1. The present petitions were filed by jhuggi dwellers in occupation of Water Body Ring Road, Naraina and Indira Market, J J Clusters, Ring Road, Naraina, New Delhi respectively, praying for a writ, order or direction to restrain the official-respondents from dispossessing the petitioners and demolishing their jhuggies and alternatively for relocating the petitioners at the proposed site only after making provision for basic human amenities. 2. Counsel for the official-respondents appeared in response to the petitions and submitted that pursuant to a direction issued by a Division Bench of this Court, demolition action had already been undertaken and that arrangements for allotment of alternative sites under a scheme for relocation of the jhuggi dwellers were being made. Pursuant to our direction in this behalf, the respondents filed a status report indicating in detail the amenities and arrangements provided at the relocation sites. 3. The Supreme Court of India in State of Maharahtra Vs. Chandra Bhan reported as (1983) 3 SC 387 followed by the celebrated decision in Olga Tellis Vs. Bombay Municipal Corporation reported as (1985) 3 SCC 545 has held that the Right to Life, enshrined in Article 21 means more than survival or animal existence and would include the right to live with human dignity. It further held that, that which alone can make it possible to live must be declared to be an integral component of the right to live. In this view of the matter, so as to ensure that the petitioners as well as other jhuggi dwellers displaced by the demolitions may live with dignity, it became imperative for this court to ascertain that the relocation sites to which the jhuggi dwellers were being sent had all basic amenities like drinking water, electricity, roads, toilets, drainage, school, transport and medical facilities necessary to secure the inalienable and absolute right to live with human dignity in a reasonable and decent environment. Accordingly, vide our order dated 17th May, 2007, we appointed a Local Commissioner to visit the relocation site at Swaran Jayanti Vihar, Tikari Khurd, Narela, Site-I and verify the existence of the amenities provided to the jhuggi dwellers, as mentioned in the status reports filed on behalf of official-respondents. 4. The Commissioner appointed by this Court filed his report on the 11th July, 2007. 4. The Commissioner appointed by this Court filed his report on the 11th July, 2007. A copy of the said report was made available to the counsel for the parties so as to enable them to examine the report and file their objections thereto, if any. 5. In spite of two opportunities in this behalf no objections were filed either on behalf of petitioners or the respondents. Perusal of the report filed by the Local Commissioner in compliance of order dated 17th May, 2007, reflects that the three relocation sites to which the petitioners have been shifted provide facilities as follows: 10. SWARAN JAYANTI VIHAR, TIKARI KHURD, NARELA, SITE-I (DATE OF VISIT: 28.05.2007) A: WATER SUPPLY: I found that there are 6 (Six) Tube-wells in the area as shown in the rough sketch and as per the following description:- i) Pump A-1 situated at A Block is working. ii) Pump B-1 situated at B-Block is working. iii) Pump B-4 situated at B Block is working. iv) Pump C-4 situated at C Block is working. v) Pump C-6 situated at C Block is not working. vi) B-1 Main Pump (Ground Water Reservoir) was not in operation and MCD officials informed me that this is so because no water connection has been provided from Delhi Jal Board. As regards 15 storage tanks of 5000 liter capacity, it is humbly submitted that water was available. However, some of them are not in functioning condition. B. TOILET/BATHS: (i) I noticed that there is 1(one) Jan Suvidha Complex (JSC) in this area. However, it has been found locked at the time of my visit of that area on 28.5.2007. Local residents complained that this JSC has not been in use for quite some time. (ii) Sewer line facility has been laid in this area but the same is found choked and needs maintenance. (iii) As complained by local residents, individual toilets have not been provided in each plot. C. ELECTRIFICATION: Electrification of the area appears to be complete as I have noticed electric poles with electricity wires. I have been informed that most of the allottees have taken individual connections in their names and this fact is also not disputed by any party. D. DRAINAGE: Internal drainage system seems to be complete, but as informed by the MCD officials, the same has yet to be connected with DDA?s main drain. I have been informed that most of the allottees have taken individual connections in their names and this fact is also not disputed by any party. D. DRAINAGE: Internal drainage system seems to be complete, but as informed by the MCD officials, the same has yet to be connected with DDA?s main drain. E. EDUCATION/SCHOOLS: This area has a MCD Primary School which is housed in a very good condition building and is run by education department of MCD. About a distance of 8 to 9 hundred meters away from this Primary School, a Senior Secondary (10+2) School run by Delhi Administration is also in existence in this area. There exists another composite Primary School constructed by HUDCO which is run by education department of MCD. F. HEALTH/DISPENSARIES: In the era of epidemic, this is one aspect which needs to be taken care of in this area. There is only one dispensary of MCD which is not found functional during my visit. The residents of locality who had gathered there informed that the same is closed for about 4 long years. G. TRANSPORT: I noted that DTC Bus Route No. 148 is available which runs through this area. However, other buses are available from G.T. Road. This factual position is not disputed by any party. H. SANITATION: I have been informed by MCD Officials that there are 16 (Sixteen) Safai Karamcharis deployed by CSE Department, MCD. However, one Shri Jaipal Singh who introduced himself to be a local resident and other residents present there, informed me that mostly, 8 Safai Karamcharis are present on each working day. One dhalao is the area was found neat and clean. I. ROADS: Construction of Roads in this area seems to be complete. However, in internal parts of the area, Brick Paving is done and brick work of drains also seems to have been done. However, initial entry/starting road of this area is having small ditchs making the ride bumpy. This part of the road needs repairs and maintenance. J. BASTI VIKAS KENDRAS (BVKs): In this area, a Community Hall/BVK is constructed by HUDCO. But, MCD officials informed that the same has not been handed over to Slum and JJ Department. K. SHISHU VATIKAS: At the site, there are 10 (ten) parks. But on first look, they do not appear to be parks. Their condition is not good. J. BASTI VIKAS KENDRAS (BVKs): In this area, a Community Hall/BVK is constructed by HUDCO. But, MCD officials informed that the same has not been handed over to Slum and JJ Department. K. SHISHU VATIKAS: At the site, there are 10 (ten) parks. But on first look, they do not appear to be parks. Their condition is not good. Their boundary walls have been turned into ruins. In some of the open areas/parks, number of pigs were found lying. These parks/open spaces are in unhygienic condition. These parks/open spaces need proper care and maintenance by Horticulture Department. 11. BAWANA RELOCATION SITE: (DATE OF VISIT: 28.05.2007) I am informed by MCD officials that total 174 number of plots of size 12.5 sq.m. each in E-Block have been allotted to relocated persons from Indira Market, Naraina in this relocation area. A. WATER SUPPLY: I noticed that there are 14 (Fourteen) tube wells in this relocation site. However, out of the said 14 tube wells, only 12 tube wells are operational and 2(two) are not functional. As regards 310 water hydrants, it is submitted that most of them are in working condition and I am informed that water is being supplied between 2(two) to 3 (three) hours in the morning and evening. However, some of the water hydrants were found to be non-functional also. Due to number being large and paucity of time, I could not note position of each of the water hydrants location-wise in the said area. B. TOILETS/BATHS: I was informed that in Bawana relocation site, all the allotments have been made in E Block. Allottee of Plot No. 1434 who was present at site at the time of my visit informed me that there is no Jan Suvidha Complex (JSC) near E Block of this area. I noted that there are 11 (eleven) Jan Suvidha Complexes of 40 seat capacity each. Out of them, 10 are found in good working condition and functional at the time of my visit as I saw people visiting and using these JSCs. C. ELECTRIFICATION: Electrification of the area appears to be complete and in good condition as I have noticed electric poles with electricity wires. Street lights are available on poles. MCD stated to have deposited the requisite amount with NDPL for the purpose. C. ELECTRIFICATION: Electrification of the area appears to be complete and in good condition as I have noticed electric poles with electricity wires. Street lights are available on poles. MCD stated to have deposited the requisite amount with NDPL for the purpose. D. DRAINAGE: Though drains seem to be complete in the large part of this relocation site, however, in the area where relocated persons are allotted aforesaid 174 plots, drains are not seen and are not available in that area. Even the brick paving is in bad shape and is uprooted. At some places, drains were choked resulting into water-logging. E. EDUCATION/SCHOOLS: There are 5 primary schools run by Education Department of MCD in this relocation area and they are in good condition. Executive Engineer of MCD informed that near Bawana-Narela road, three sites have been allotted in this area for senior secondary schools to Education Department of Delhi Government. F. HEALTH/DISPENSARIES: Land is stated to have been earmarked for providing health services but land is to be taken over by the Delhi Administration. A dispensary was found running from Basti Vikas Kendra (Block C). G. TRANSPORT: Buses to and from Old Delhi Railway Station and Mori Gate Terminal are available from this area. The MCD officials also shown me an open area where a DTC Terminal is likely to come up after allotment of site by competent authority. H. SANITATION: The sanitation condition was not proper and drains were choked with filth and plastic and one of the Dhalao was not properly maintained/cleaned. Sanitation aspect requires proper attention. I. ROADS: Main roads in the area are complete. However, inner lanes which have brick paving and internal drains are in bad shape in some places and the same in E-Block area is also not in good condition. J. BASTI VIKAS KENDRAS (BVKs): There are two BVKs in the area, one being used as Dispensary and the other is being used for social activities through an NGO. K. COMMUNITY HALL: Two community halls in Block A and Block B are complete and functional. One community hall in Block E is in advance stages of construction and building is complete and boundary wall was being constructed at the time of my visit. L. SHISHU VATIKAS: Out of 9 parks in the area, 5 (five) were found under encroachment of unauthorized persons. One community hall in Block E is in advance stages of construction and building is complete and boundary wall was being constructed at the time of my visit. L. SHISHU VATIKAS: Out of 9 parks in the area, 5 (five) were found under encroachment of unauthorized persons. One out of these 5 parks was found under encroachment of a particular community (Muslim) and stated to be in use for their daily/weekly prayers (Namaz). MCD officials informed that they have written to Delhi Administration for removal of encroachments. M. MOTHER DAIRY BOOTH: Due to paucity of time and non-availability of any one from Mother Dairy, factum of handing over of site could not be verified. I may add here that in E-Block, cluster where most of relocates have been allotted plots, water hydrants need to be provided as the available water hydrants are situated at long distances. Sanitation is another area which needs immediate attention. 12. HOLAMBI KALAN RELOCATION SITE: (DATE OF VISIT: 11.06.2007) I am informed by MCD officials that total 43 numbers of plots of size 18 sq.m. each in B-Block have been allotted to relocated persons from Indira Market, Naraina in this relocation area, out of which 38 have taken possession. A. WATER SUPPLY: There are no tube wells in this area (Holambi Kalan Phase-II). As regards 150 water hydrants, it is submitted that I could verify about 70 percent of the same and found that only two water hydrants are near the area where above said 43 plots have been allotted. Water is being supplied by DJB through these water hydrants for about between 2 (two) to 3 (three) hours in the morning and evening. However, some of the water hydrants were found to be nonfunctional also. Due to number being large and paucity of time, I could not note position of each of the water hydrants location-wise in the said area. At some places water taps were missing. I may add here that provision of only 2 (two) water hydrants in B-Block relocation area is inadequate. B. TIOLET/BATHS: I was informed that in Holambi Kalan site, all the allotments have been made in B Block. There are 2(two) Jan Suvidha Complexes of 40 seats capacity each in Block B. However, they are found in critical condition and are not functional. One of the JSC in Block A is also not functional. B. TIOLET/BATHS: I was informed that in Holambi Kalan site, all the allotments have been made in B Block. There are 2(two) Jan Suvidha Complexes of 40 seats capacity each in Block B. However, they are found in critical condition and are not functional. One of the JSC in Block A is also not functional. Other 10 JSCs were found functional, though they are at long distance from the relocated site in B-Block, though some of them also need proper maintenance. However, a complaint is made by the persons who gathered at site that residents near 10 functional JSCs object to the same being used by these relocates from B-Block. C. DRAINAGE: In B-Block relocation area no drains have been provided. In remaining area, drains are in existence but some of them were found choked resulting into waterlogging on roads/streets. D. MINI SEWAGE TREATMENT PLANT: I saw the STP in existence and informed that the same is functional. E. ELECTRIFICATION: Electrification in B-Block is not done. At one place, only one pole of about 15? height was in existence with one cable/wire. In rest of the Holambi Kalan phase II area, electric poles with wires are in existence. Rest of the things mentioned in the status report of MCD is regarding planning and allocation of areas etc for electrification with the help of NDPL which I could not verify at site. F. EDUCATION/SCHOOLS: There are two senior secondary schools in the area of Holambi Kalan Phase-II run by Delhi Administration. Three primary schools run by Education Department of MCD are in existence in Blocks A and Block C. Executive Engineer of MCD informed that near four more sites have been handed over to Deputy Education Officer MCD, North Zone. G. HEALTH/DISPENSARIES: A dispensary run by Govt of NCT of Delhi is said to be functional, though I could not verify it. However, no one disputed this fact. H. TRANSPORT: Buses to and from Old Delhi Railway Station and Red Fort are available from this area. RTVs are also running on these roads. B-Block allottees demanded Bus Route to Naraina as they work there. I. SANITATION: In B-Block relocation site, drainage system has not been provided. In the larger area, the sanitation condition was not proper and drains were choked with filth and plastic. However, one of the Dhalao in the area was found properly maintained. Sanitation aspect requires proper attention. B-Block allottees demanded Bus Route to Naraina as they work there. I. SANITATION: In B-Block relocation site, drainage system has not been provided. In the larger area, the sanitation condition was not proper and drains were choked with filth and plastic. However, one of the Dhalao in the area was found properly maintained. Sanitation aspect requires proper attention. J. ROADS: Main roads in the area are complete. However, inner lanes which have brick paving and internal drains are in bad shape in some places. There is no road in B-Block relocation area. However, brick paving was found at the said site. K. BASTI VIKAS KENDRAS (BVKs): There are two BVKs in the area, and are being used for social activities through NGO. L. SHISHU VATIKA: One park is noticed in this area. Playing equipments were not provided at the time of visit. M. CREMATION GROUND: No cremation ground noted in the area, as it is yet to be allotted. 6. In the light of the above, we are satisfied that the petitioners? prayer for alternative accommodation with provision for basic human amenities like electricity, water, roads, transport, ration shops, markets, hospitals etc. has been substantially met and that proper arrangements in this behalf have, by and large, been made by the official-respondents. It is directed that the shortcomings noticed in the Report of the Local Commissioner shall be addressed and remedied at the earliest, in any event before the onset of the monsoons, so as to ensure a decent and reasonable standard of living to all those who have been relocated to the present sites. It is expected that all the necessary infrastructure will be maintained as required with the object of providing all the basic amenities necessary to live with human dignity that constitute an integral and inalienable part of the Right to Life. 7. In view of the above the petitions are partly allowed to the extent of the alternative prayer and are accordingly disposed of. The parties shall bear their respective costs.