V. Kameswar Rao, J. - (1.) 1. The challenge in the appeal is to the order dated January 16, 2019 passed by the learned Single Judge dismissing writ petition filed by the appellants herein. The writ petition was filed by the appellants before the learned Single Judge praying for directions to the respondents for initiating appropriate measures to rehabilitate and relocate them and similarly placed slum dwellers of a slum established on land bearing Khasra No. 484, Sunder Nagar Nursery, Near Delhi Public School, Mathura Road, New Delhi, in terms of the Delhi Slum Rehabilitation and Relocation Policy approved by the Government of N.C.T. of Delhi by an Office Order dated December 11, 2017.
(2.) The learned Single Judge had noted that one Jamia Arabia Nizamia Welfare Educational Society had filed a writ petition in public interest before this Court being W.P.(C) 3927/2010 captioned Jamia Arabia Nizamia Welfare Educational Society v. Delhi Wakf Board and Ors., inter alia, seeking directions for removal of jhuggi jhopris situated on the said land. It was the case of the appellants that none of the inhabitants of the jhuggies in question were made parties to the said writ petition. The said writ petition was disposed of by an order dated January 12, 2011, whereby a Coordinate Bench of this Court had, inter alia, directed the Union of India to proceed against the persons who had unauthorisedly constructed upon and encroached on the said land, in accordance with law. He also noted the filing of a contempt petition being Cont. Case (Civil) No. 519/2012 titled Jamia Arabia Nizamia Welfare Educational Society v. Union of India alleging that the order dated January 12, 2011 had not been complied with. During the said proceedings, it was stated that the office of L&DO would take up the matter with CPWD, for construction of a boundary wall. The Ld. Single Judge has noted the submission that in view of the directions issued in the said proceedings, CPWD has commenced constructing a boundary wall. Aggrieved by the same, the appellants had filed the writ petition. The learned Single Judge has also noted that the appellants had earlier approached the Division Bench for seeking a modification of the order dated January 12, 2011 passed in W.P.(C) 3927/2010. The said application was dismissed with the observation that in case the appellants have any right, they would be required to file individual petitions / claim asserting their right.
(3.) An issue arose before the learned Single Judge, whether the jhuggi jhopris inhabited by the appellants were raised prior to January 01, 2006 and as such whether they could be evicted without being provided alternate accommodation. The said stand of the appellants that they were in place before January 01, 2006 was disputed by the Union of India. The appellants relied upon various documents to show their habitation since before January 01, 2006. These documents include Election Commission card, bank passbooks / Adhar card etc. Reliance was also placed by the appellants on the additional affidavit filed by respondent no.1 in the Cont. Case (C) No. 519/2012 wherein it was affirmed that in compliance with the directions issued by this Court, two meetings were held in the Ministry with all stakeholders/concerned agencies to resolve the matters regarding removal of encroachment. It was further affirmed in the said affidavit that in the meeting, it was informed by Chief Engineer, NDZ-V that the encroachment in the area is very old and is reported to be 40-45 years old, with pucca structures standing. It was contended on behalf of the appellants that the said affidavit also clearly establishes that the jhuggi jhopri basti existed on the said land prior to January 01, 2006.;