NEW DELHI, OCT 12: Delhi High Court today restrained the city government from granting `free-hold' ownership right to the jhuggi dwellers who were allotted land under the relocation scheme in resettlement colonies here.A Division Bench of Justice Y K Sabharwal and Justice K S Gupta, expressing serious view over government not furnishing required details in its affidavit regarding its plan for jhuggi jhompri (JJ) clusters, directed the authorities not to allow any permanent construction in the colonies till further orders.
The court order came on a number of writ petitions seeking removal of JJ clusters from several parts of the capital. Outgoing chief minister Sahib Singh Verma had recently announced a scheme for giving ``free-hold'' ownership rights to those allottees who were given land under relocation scheme in resettlement colonies.
Describing the affidavit ``utterly vague'' the Bench asked the chief secretary to file complete affidavit before January 28, the next date of hearing.
``The courtdoes not expect such a vague affidavit from the chief secretary, especially when an expert committee appointed by the government to examine the issue has already submitted its report,'' the court said cautioning government to implement the today's order in ``letter and spirit.''
The court said the affidavit has not made it clear what was the hitch for the government to initiate talks with the Centre and its various departments on recommendation of the committee and what was its scheme regarding the JJ clusters.
``We have not moved even a step further,'' the court said referring to its order of May 5 last year issuing some direction to the authorities.
Over a dozen counsels representing several petitioners expressed apprehension that once the ``free-hold'' right was acquired by the owners of the plots in these colonies, they would sell them and move away to raise another JJ cluster.
Agreeing with the contention of the counsel, the Bench said there was substance in the apprehension expressed by thepetitioners.
Earlier the counsel for the Delhi Government said the government was planning to acquire 750 acre of land near Narela to establish a transit colony for jhuggi dwellers till they were given permanent plots.
The Bench pointed out that the major problem was of more and more JJ clusters coming up every year and more additions being made in the existing clusters, while people living there were offered ``doles'' during the elections.
``But the issue is not of the removal of JJ clusters but also of their settlement,'' the court observed.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.