Chief Justice's Court Case :- WRIT - C No. - 22085 of 2001 Petitioner :- Harijan Basti Nagrik Kalyan Mahasangh & Another Respondent :- New Okhla Industrial Development Authority (Noida) & Others Petitioner Counsel :- Miss Mona Rajvanshi,N.C. Rajvanshi Respondent Counsel :- C.S.C.,A.K. Misra,N. Misra Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
The writ petitioners had approached this Court in representative
capacity contending that they had hutments, which are existing
within the area of respondent no.1-NOIDA and respondent no.1 is
seeking to forcibly evict them.
It appears that earlier another writ petition was filed being Civil
Misc. Writ Petition No.40163 of 1998, wherein this Court on
26.11.1998 had passed an interim order directing that the members
of the Baba Bengali Jhuggi Jhopri Nagrik Kalyan Mahasangh,
shall not be evicted. Based on that order, similar interim order
came to be passed in this writ petition also.
On behalf of respondent no.1-NOIDA, it is pointed out that now
they have framed a Scheme and in terms of that Scheme, they have
notified number of hutments, which would be entitled for re-
settlement in terms of the Scheme, which is now put on the
website. All eligible persons would be given benefit of the said
Scheme.
Considering the above, in our opinion, no purpose would be served
in keeping this writ petition pending and it can be disposed of by
issuing following directions:-
1. The interim order dated 08.06.2001 granted by this Court,
protecting the members of the writ petitioner from being evicted,
will continue till such time respondent no.1-NOIDA makes final
determination of those persons, who are eligible with regard to
their rehabilitation and are rehabilitated.
2. If any members of the writ petitioner and their hutments are not
included, it will be open to them to apply individually to the
concerned authority, i.e., respondent no.1, who will decide their
claim according to merit provided they make an application within
eight weeks from today. Till final determination is made on the
application to be made by the individuals with regard to the their
grievance, no steps would be taken to evict them. If they are found
eligible, then they will not be evicted till the compliance of
direction no.1 as aforesaid. In the event, the aggrieved members of
the writ petitioner do not make an application within the aforesaid
time, the authority will be free to take steps in accordance with
law.
With the above observations, this appeal stands disposed of. No
order as to costs.
Order Date :- 15.7.2010
RKK/-
(F.I. Rebello, CJ)
(A.P. Sahi, J)