Plea in Delhi HC against Centre's decision to allot under-construction flats under erstwhile Govt schemes to urban migrants or poor

The Delhi High Court on Friday sought the Ministry of Housing and Urban Affairs' stand on a petition challenging the ministry's decision to give vacant and under-construction houses constructed under the erstwhile schemes being Jawaharlal Nehru National Urban Renewal Mission (JnNURM) and Rajiv Awas Yojana (RAY) to urban migrants or the poor, presently available as affordable rental houses.

Advocate Vikram Jetley, Standing Counsel for Union of India, prayed to the Court to obtain instructions.

Justice Rekha Palli listed the matter for further hearing on December 3 to consider whether there is a necessity for passing directions for the filing of counter-affidavit.

The Court was hearing a petition filed through advocates Jayshree Satpute and Tripti Poddar.

The petition was preferred against Circular dated 31. 0.2020 issued by the Ministry of Housing & Urban Affairs.

As per the impugned circular, all the vacant and under-construction houses constructed under the erstwhile schemes being Jawaharlal Nehru National Urban Renewal Mission ("JnNURM") and Rajiv Awas Yojana ("RAY") shall henceforth be deemed to be potentially available for affordable rental houses for urban migrants/poor presently.

According to the petition, the Ministry of Housing and Urban Affairs has intimated the Government of NCT of Delhi that all existing and vacant under-construction houses of JnNURM/RAY shall henceforth be deemed to be ARHC's with effect from July 8, 2020.

The petitioners said that their families were illegally evicted from Goal Market in 2010 and in compliance of order dated October 10, 2011, adding that the petitioners awaiting rehabilitation are staying at a night shelter run by Respondent Department of Urban Development, Delhi Govt.

"Vide series of orders of this Court, their eligibility for rehabilitation was established and due payment in full has been made to the Respondent for rehabilitation under 2015 Policy of the Respondent Delhi Govt," the petitioners said.

"As per the due process established, under such scheme, the eligible families are to get ownership rights over the allotted apartment. The petitioners were trying their best to survive the pandemic while living in the most precarious conditions and in the overcrowded night shelter, they got another jolt as an impugned circular was issued and their rehabilitation process come to standstill again. The petitioners have met serval officials and sent a number of complaints/ representations to the respondents herein but have not received any certain answer," said the petition.

The petitioner told the Court that there are a total of 9,104 slum dwellers who have deposited relocation to Delhi Urban Shelter Improvement Board (DUSIB) and are awaiting rehabilitation and have been impacted by the impugned notification and their constitutional rights have been violated.

Henceforth they have sought quashing of the circular, handing over vacant physical possession of the flats to the Petitioners immediately and providing litigation costs associated with this petition along with appropriate compensation for the mental and physical harassment endured by petitioners.

( With inputs from ANI )