Jhuggi Dweller’s Plea For Rehabilitation Cannot Be Rejected Merely On The Ground That Voter ID Card Was Not Produced: Delhi HC

The Delhi High Court has observed that the jhuggi dweller’s case for rehabilitation cannot be rejected merely on the ground that the voter ID card was not produced.

The bench of Justice Prathiba M. Singh was dealing with the petition filed by a woman who was declared ineligible for Jhuggi Jhopri dwellers rehabilitation scheme as per the policy of the Delhi Government.

She had challenged the declaration of in-eligibility before the Appellate Board of DUSIB. The said Appellate Board rejected the appeal of the Petitioner on the ground that she did not produce the voter ID card.

Advocate Aditi Gupta appeared for Petitioner whereas Satyakam, ASC appeared for Respondent.

“The Petitioner’s case cannot be rejected merely on the ground that the voter ID card was not produced”, the Court observed.

The Court observed that the Petitioner relied upon various school records of her two daughters to establish that she was resident of the jhuggi. She also relied upon her own bank records, bank passbook etc. for the said purpose.

While relying upon the decision in Udal and Ors. v. Delhi Urban Shelter Improvement Board and Ors., the Court noted that the Appellate Board would have to consider all other documents as well before arriving at a conclusion as to whether the Petitioner is entitled to rehabilitation or not.

“The purpose of these policies is to ensure rehabilitation and relocation to economically weaker sections and would have to be interpreted in a broader and beneficial manner rather than a narrow and pedantic manner.”, the Court noted.

Thus the Court directed the Appellate Authority under the DUSIB Act to look afresh into the Petitioner’s case considering all other documents produced by her and take a decision within 4 months.

“The Appellate Authority may also look into and enquire as to whether the Petitioner’s husband has been allotted any alternative accommodation or not. The Petitioner shall appear before the Appellate Authority for hearing on 20th February, 2023 at 11:30 am. A reasoned speaking order shall be passed by the Appellate Authority after giving proper hearing to the Petitioner.”, the Court added while disposing of the petition.

Cause Title- Beni v. Government of NCT Delhi And Anr.

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