SARASWATI DEVI W/O JOGENDAR Vs. STATE OF BIHAR
LAWS(PAT)-2022-6-1
HIGH COURT OF PATNA
Decided on June 27,2022

Saraswati Devi W/O Jogendar Appellant
VERSUS
STATE OF BIHAR Respondents


Referred Judgements :-

AHMEDABAD MUNICIPAL CORPORATION VS. NAWAB KHAN GULAB KHAN [REFERRED TO]


JUDGEMENT

ASHWANI KUMAR SINGH,J. - (1.) The petitioners have made the following prayers in the present writ petition : "(a) Issue a writ in the nature of mandamus directing the respondents to provide complete rehabilitation to the petitioners, as per the Bihar State Slum Policy, 2011 and Affordable Housing and Slum Rehabilitation Housing Policy, 2017 (Revised). (b) Issue a writ in the nature of mandamus directing the respondents to ensure provision of alternate transit accommodation that includes basic civic amenities, consistent with the rights to life and dignity of each of the petitioners and/or similarly situated people at the locality. (c) Issue a writ in the nature of mandamus directing the respondents to immediately provide a shelter to safeguard the petitioners and/or similarly situated persons in the locality from this harsh weather and on-going second wave of Covid-19 infection and transmission. (d) Issue a writ in the nature of mandamus directing the respondents to immediately make the community toilet accessible for the residents that are found locked and inaccessible. (e) Directing the respondents to provide immediate relief to the petitioner and/or to the residents of the said area and ensure to provide the inhabitants with food packets, potable water, power supply, education, livelihood, proper health check-up facilities including ante-natal care to pregnant women and postnatal care to lactating mothers, immunization, access to anganwardi centre to provide nutrition and to provide visitation by asha members and other services as per the ICDS scheme etc. to facilitate the petitioners. (f) To issue a writ in the nature of mandamus directing the respondents to place on record the status of petitioners' plea under affordable housing PMAY-U Housing For All, Affordable Housing and Slum Rehabilitation Housing Policy, 2017 (Revised) with a date of final allotment of the houses under the scope of the scheme. (g) Issue a writ in the nature of mandamus directing the respondents to place before this Hon'ble Court a proper slum rehabilitation plan that should be implemented as soon as possible. (h) Directing the State to fulfill their constitutional and statutory obligation that is to ensure that if the jhuggi dweller is forcibly evicted and relocated, such jhuggi dweller are not worse off. (i) Directing the respondents to appoint a Nodal Officer as per Affordable Housing and Slum Rehabilitation Housing Policy, 2017 (Revised) from Urban Local Bodies and District Administration to coordinate various measures to be taken as per provisions of these guidelines to facilitate the petitioners. (j) Pass any such order as this Hon'ble Court may feel fit and proper in the facts and circumstances of the case."
(2.) During the pendency of the writ petition, the petitioners have filed an interlocutory application vide I.A. No.01 of 2021 with a prayer to add the following prayers in the writ petition : "(k) Direct the respondents authorities to provide for transit accommodation at the earliest available opportunity to the people of slum areas who were evicted. (l) Direct the respondent authorities to arrange for the rehabilitation of the people someplace else at the earliest available opportunity who were evicted from the slum. (m) Direct the respondent authorities to provide for the unhindered supply of life saving drugs and medical supplies as much as possible to those people who were evicted from the slum area at the earliest available opportunity. (n) Direct the respondent authorities to make available essential facilities such as toilet facilities and pure and potable water to the people who were evicted from the slums. (o) Direct the respondent authorities to provide the evicted people with enough ration for them to sustain themselves until they are properly rehabilitated. (p) Direct the respondent authorities to ensure that the evicted people are not facing any further hardships due to the present ongoing Covid pandemic and are being looked after properly in these times of Covid."
(3.) It would be evident from the pleadings of the petitioners that initially, they were aggrieved by the action of the respondents whereby they were threatening to demolish jhuggi/jhopari situated at Malahi Pakri and Rainbow Field, Kankarbagh slum area, Ward No.34 where Malahi Pakri Metro Station under Patna Metro Project was proposed to be constructed. The petitioners pleaded that no prior notice was served to the residents and only announcements were made twice on 7/4/2021 and 6/4/2021 respectively for removal of encroachment upon the public land. It was the case of the petitioners that due to this imminent threat and apprehension around 150-200 families would be displaced and they would have no shelter. The petitioners contended that the demolition/displacement would infringe the constitutional rights of the petitioners and/or similarly situated people and they would suffer irreparable injury.;


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