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Judgment
Sanjiv Khanna, C.J.—Uttar Pradesh Bihar Naagrik Parishad has filed the present Public Interest Litigation for removal/shifting of pig shelters/huts situated at 30 Block, Trilokpuri, Delhi and for construction of a Community Hall on the said land after removal of the pig shelters/huts.
Trilokpuri is a re-settlement colony which came into existence in the year 1976. Pig shelters/huts were developed in Block 30, Trilokpuri by Delhi Development Authority.
During the last more than 30 years, Trilokpuri has become thickly
populated due to urbanization. The area is no longer scantily populated but today it is a well lived in residential colony. With the passage of time, the pig shelters/huts have created problems due to unhygienic conditions created by them which is hazardous to the health and life of the residents. It is pointed out that the piggeries have become a nightmare specially during monsoon. This is clearly reflectable in the photographs which have been placed on record. It appears that these piggeries are breeding ground for diseases.
As per the Master Plan for Delhi 2021, piggeries are only permitted in green belt and agricultural land. Some other restrictions/ stipulations are also provided.
Keeping in view the aforesaid facts vide order dated 26th August, 2009, Slum & JJ Department, MCD now known as Delhi Urban Shelter Improvement Department, was directed to file a plan for re-location of pig-shelters/huts, within a period of six weeks. MCD by order dated 21st October, 2009, was directed to conduct survey after ascertaining the original allottees and the present occupants/owners of the piggeries. In the subsequent order dated 25th November, 2009, it was recorded that the pig shelters were found to be in a dilapidated condition and it was also noticed that most of the original allottees were no longer there and third persons have been unauthorisedly inducted. DDA was directed to file an affidavit suggesting measuring for relocation of the piggeries in accordance with the Master Plan of Delhi, 2021.
However, MCD and DDA were unable to resolve the problem regarding issue of relocation of the piggeries. By order dated 8th December, 2010, it was directed the MCD and DDA shall hold a meeting in the office of the DDA and submit a joint report. Thereafter, a joint report was filed in this Court and it was pointed out that a new site has been selected to shift the piggeries to a village in Ghazipur, NH-24, Delhi.
Thereafter, the following order was passed on 30th March, 2011:
Mr. R.K. Bali, learned Counsel appearing for the Respondent Nos. 4 to 23, who are the affected parties, has submitted that they have no objection to move to the alternative site at Ghazipur. Ms. Shobhana Takiar, learned Counsel appearing for the Delhi Development Authority has submitted that the land is to be allotted by the Delhi Urban Shelter Improvement Board. Mr. O.P. Saxena, learned Counsel for the Board has submitted that the Board as no objection to give the alternative site but the DDA is insisting for payment. Needless to say, after the affected parties leave the land, the same will come to the Board. Thus, the Board can discuss with the authorities of the DDA for exchange of land so that the controversy can be put to rest and the pollution can be avoided.
Let the authorities of the Board and the authorities of the DDA discuss the matter and try to arrive at a solution by the next date of hearing.
Call on 11th May, 2011.
On 11th May, 2011, the case was adjourned to 2nd June, 2011 and then to 10th August, 2011 to enable the Respondents to take further steps.
In view of the aforesaid development we are not inclined to keep the writ petition pending and directions are issued to Respondent Nos. 1 to 3 to take steps for shifting of piggeries to the new location within a period of four months from today. Any inter-se issues or disputes between Respondent Nos. 2 and 3 will be resolved by having a joint meeting and in case they are not able to resolve the dispute, meeting will be held between the Director of Delhi Urban Shelter Improvement Board and the Vice-chairman, DDA. Allotment of piggeries at the new site will be made in terms of the policy decision by the Respondents. The land owning agency will decide how to use the land which will be available after the piggeries are shifted.
The writ petition stands disposed of accordingly.