TUGLAKABAD JHUGGI JHOMPRI WELFARE ASSOCIATION Vs. UNION OF INDIA
LAWS(DLH)-1996-7-33
HIGH COURT OF DELHI
Decided on July 01,1996

TUGLAKABAD JHUGGI JHOMPRI WELFARE ASSOCIATION Appellant
VERSUS
UNION OF INDIA Respondents




JUDGEMENT

C.M.Nayar - (1.)The present petition is filed by one Tuglakabad Jhuggi Jhompri Welfare Association for an appropriate writ, direction or order for restraining the respondents from demolishing about 2,000 Jhuggi Jhompris which are allegedly threatened to be demolished by the respondents without first providing the dwellers alternative accommodation/ plots.
(2.)The petitioner Association has filed this petition in the representative capacity seeking issue of necessary relief not to demolish the Jhuggi Jhompris in existence inTuglakabad Jhuggi Jhompricomplex near Tuglakabad Railway Station. It is stated that the dwellers have been staying in the Jhuggis for the last over 15 years. They allegedly have ration cards as well as are shown in the voters list and have participated and exercised the rights of franchise in the elections at different levels held in the years 1983,1987,1990 as-well as in 1994 and the current elections held this year. The lands on which these unauthoris constructions have taken place over the years, admittedly, belong to the Railways.
(3.)Respondents 3 and 4 who are the General Manager and Divisional Railway Manager have filed counter affidavit wherein it is reiterated that the entire Railway line in or around the Railway Station on which the petitioners have allegedly and unauthorisedly raised Jhuggi Jhompris can be divided in the following three clusters:
(A) Cluster No. I in and around Tuglakabad Railway Station and known as "NEAR STATION". (B) Cluster No. 2 in and around New Power Cabin, known as "NEW POWER CABINS". (C) Cluster No. 3, near the running room and Nala and known as "'NEAR NALA". It is further stated in the affidavit that all the Jhuggi Jhompris raised in clusters I to 3 are in an area which is very sensitive from the Railway point of view inasmuch as there is a power cabin existing near duster No. 2 from where substantial number of trains are being operated and controlled. Moreover, there is a military movement in the area and heavy artillery is loaded and unloaded as well as there is huge Oil Petrol Depot existing in the said area and there is large and substantial storage of diesel. The dwellers have continuously, illegally and unauthorisedly occupied the Railway land and despite best efforts the same could not be cleared thus causing continuous threat even to the dwellers which include older people, men, women and children. The clearing operation was, accordingly, initiated on 10th January, 1996.

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