- (1.) I. A. No. 37 in WP (C) No. 1699 of 1987. Pursuant to the earlier orders of this Court dated May 13, 1994, a Judicial Officer of the rank of Additional District and Sessions Judge was appointed to look into the question as to whether the implementation of the Scheme by the MCD had been consistent with the norms and procedure indicated by this Court and to make a report. Accordingly the High Court of Delhi nominated Mr. R. C. Chopra, Additional District and Sessions Judge, to examine the Scheme and to make his report. He has submitted his report on December 20, 1996. Shri Chopra has taken great pains in preparing this report. We record our appreciation for the efforts made by him. So far as his suggestions are concerned, they are found at page 49 of the report.
(2.) We have heard learned counsel for the parties on this report. A consensus was reached with regard to the suggestions put forward by Shri Chopra as at page 50 onwards of his report as suggestions (a), (b), (c), (d), (e), (f) and (g) which are accepted and pursuant thereto requisite directions are issued as under : (a) All applicants held ineligible shall be given an opportunity by MCD to make representations for the review of their cases. Such representations be entertained only in cases where the applicants file copies of the documents to show prima facie that they were in fact eligible but have been declared ineligible by the Zonal Licencing Committees. The Zonal Heads of the zones concerned are directed to personally deal with these applications and dispose them of within three months. (b) In all those zones where no lists have been prepared regarding the squatters falling in category (3) the lists be prepared on the basis of the representations as referred to in point (a) above and these lists be maintained for future adjustment of the squatters as and when new squatting sites are available. (c) Since the number of eligible applicants is about 8000 only in all the 12 zones of MCD and in most of the zones it is less than 1000 each the Zonal Heads shall be directed to re-examine these cases with a view to weed out those who have been wrongly held eligible. This exercise would substantially reduce the number of eligible applicants thereby enhancing the prospects of accommodating those who were wrongly held ineligible. This exercise would set right wrong seniority also as fixed in many eligible cases. Inter se seniority of the enumerated squatters those of whom will be held eligible w.e.f. 23-12-1982, shall be prepared zonewise by treating the squatter who is found to be squatting from the earliest date as the senior-most and the rest will be arranged in seniority thereafter according to their respective dates of continuous squatting. (d) A fresh exercise is ordered to be carried out by the MCD to identify new approved squatting sites in all the zones. The Zonal Heads, Administrative Officers of the Zones, representative of the Traffic Police and two or three representative hawkers of the zone selected on random basis shall identify fresh squatting zones so that the squatters are properly rehabilitated and not simply uprooted to deprive them of their livelihood. In case joining of representatives of the squatters is not found feasible or even otherwise, written suggestions may be obtained from the squatters of the area in regard to the spots which may be declared approved squatting zones. (e) After finalising the list of eligible squatters and approved squatting zones fresh preference applications shall be invited and thereafter allotments be made first in accordance with preference applications and thereafter on the basis of seniority-cum-place of squatting criteria. It would be in the fitness of things if on preference applications the details of approved squatting sites are printed and the squatters are merely required to exercise their three options therefrom. In terms of the earlier directions of this Court the squatters falling in category (1) and (3) must not be clubbed together as has been done by the zones. Squatters falling in category (1) have a preferential right for allotment of squatting sites and the squatters falling in category (3) shall be accommodated only after the squatters falling in category (1) are fully accommodated. Therefore, the squatters falling in category (1) being old squatters, if not accommodated within the zonal areas of their respective zones, will be given preferential right to opt for other zones where the squatting sites may be available (f) After the completion of the exercise the Zonal Heads of the MCD and SHOs of the areas shall be made personally liable for ensuring that there is no squatting in non-squatting zones. If any grievance is made regarding squatting in non-squatting areas, it will be open to the aggrieved party to approach appropriate Court for suitable directions. (g) With regard to the approach to be adopted in regard to the cases held eligible by the zones after receiving arrears of red-slip for the last so many years without there being any other proof of squatting on the files, it is directed as the scheme was approved in the year 1990 no receipt of arrears subsequent thereto with a view to create proof of continuous squatting shall be accepted for supporting proof of squatting. It will be open to individual squatters to give their written representations. (h) It is noticed that some of the squatters were unable to produce proof of continuous squatting as their squatting issues were under consideration of the MCD. In this regard after hearing learned counsel Shri R. K. Maheshwari for the MCD and learned counsel for squatters, we deem it fit to clarify that those of the squatters who had earlier submitted their applications but had not furnished requisite proof will be permitted to produce proof of squatting on the basis of the documents referred to in their original applications and in this connection they may produce either the original documents or even xerox copies thereof. If on the basis of contemporaneous municipal records proof of squatting in the form of challans, tehbazari receipts, composition fee etc. is found to be worth dispensing with and the relevant entries in municipal records by themselves are found to be reliable it will be open to MCD to adopt such a course. So far as suggestion (i) is concerned it is required to be rejected. Suggestion (j) is accepted as under : (j) All cases of manipulations and fabrications, detected by Zonal Heads or the Committees as constituted pursuant to this order for review of applications, are ordered to be referred to the Vigilance Department of MCD for time bound departmental action against delinquent officials.
(3.) We make it clear that the aforesaid exercise shall be carried out by MCD with reference to all the applicants totalling to 72045 listed in the charts accompanying Part 'A' of the Report of Shri Chopra giving zonewise statistics of the applicants held eligible as well as ineligible.;