$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3971/2014 & CM APPL. 7995/2014, CM APPL. 8812/2014, CM APPL. 27063/2017, CM APPL. 27064/2017, CM APPL. 33646/2017, CM APPL. 33992/2023 MOHD SALEEM .....Petitioner Through: Ms. Sumayya Khatoon, Ms. Shazia Kidwai, Advs. versus DELHI DEVELOPMENT AUTHORITY & ANR .....Respondents Through: Ms. Prabhsahay Kaur, Standing counsel DDA with Mr. Bir Inder Singh Gurm, Ms. Yakshna Sharma, Advs. for DDA Mr. Anuj Chaturvedi, Ms. Richa Dhawan, Ms. Yashita Jain, Advs. for R-2/ DUSIB CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 23.07.2026 1. This is a writ petition filed under Article 226 of the Constitution of India seeking the following prayers :- “(i) Pass an order directing Respondents to cease any further evictions or harassment of residents that live in the area until all appropriate rehabilitation has been provided. (ii) Pass an order directing Respondents to conduct survey at slum cluster in question to make final rehabilitation This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:37:18 eligibility determinations. (iii) Pass an order directing the Respondents to keep on file, for all future evictions or demolitions of slum or jhuggi clusters affidavits (of the form contained in Annexure 6 stating that proper surveys. and procedures have been followed, and provide penalties for demolitions that occur without such an affidavit. Copies of such affidavits should be in the possession of officials performing any such eviction or demolition and made available to residents at the time of such action, as well as to interested parties at the Respondents' offices. (iv) Pass an order directing Respondent to re establish the demolished dwellings of Petitioner and other affected families at its own cost…” 2. The petitioner states to be a slum dweller residing in JJ Cluster, Dr. Ambedkar Nagar JJ Camp. Dhobi Ghat, Kalyanpuri, Delhi. 3. Since, the petitioner was being forcibly dispossessed, the present petition has been filed. 4. Ms. Kaur, learned standing counsel for the respondent No. 1/DDA, has drawn my attention to the judgment of Hon’ble Division Bench of this Court in Vaishali (Minor) through Next Friend and Ors. v. Union of India & Ors. LPA 271/2022 and more particularly paragraph Nos. 10, 11 and 12, which read as under: “10. We have considered the submissions made by the learned counsels for the parties. Section 2(g) of the Act defines „Jhuggi Jhopri basti‟ as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:37:18 “(g) “jhuggi jhopri basti” means any group of jhuggis which the Board may, by notification, declare as a jhuggi jhopri basti in accordance with the following factors, namely:- (i) the group of jhuggis is unfit for human habitation; (ii) it, by reason of dilapidation, overcrowding, faulty arrangement and design of such jhuggis, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities, or any combination of these factors, is detrimental to safety, health or hygiene; and (iii) it is inhabited at least by fifty households as existing on 1st January, 2006: Provided that the Board may, by order, attach any jhuggi or jhuggis scattered in the nearby areas to any jhuggi jhopri basti and such jhuggi or jhuggis shall be deemed to be part of such jhuggi jhopri basti;” (Emphasis supplied) 11. A reading of the above provision would clearly show that DUSIB has to declare a group of jhuggis as “Jhuggi jhopri basti” by way of notification. One of the conditions to be fulfilled by such a group of jhuggis is that it must be inhabited, at least by fifty households, as existing on 01.01.2006. Section 9 of the Act empowers the DUSIB to make a survey of any jhuggi basti. Section 10 of the Act provides for preparation of a scheme for removal of any JJ basti and for resettlement of the residents thereof. Section 12 of the Act provides for the re-development of the JJ basti. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:37:18 The above provisions are applicable only with respect to “Jhuggi Jhopri basti”, that is, inter-alia a group of fifty households as existing 01.01.2006 and duly declared by DUSIB as such by way of a Notification. 12. As noted by the learned Single Judge, the appellants have been unable to produce any such notification under Section 2(g) of the Act. Even in appeal, no such Notification has been produced by the appellants. The appellants are, therefore, not entitled to any protection under the Act.” 5. My attention has also been drawn to the judgment of Shakarpur Slum Union v. DDA & Ors. W.P.(C) 6779/2021, more particularly its paragraph No. 33, to state that the judgments relied upon by the petitioner to substantiate its submissions have already been distinguished by this Court. Paragraph No. 33 of the said judgment reads as under: “33. The reliance of the Petitioner-Union on the judgment of this Court in Ajay Maken (supra) also does not hold any water. The judgment of Ajay Maken (supra) holds to the extent that once a cluster has been identified under the DUSIB Policy, then the persons living in that JJ cluster cannot be treated as illegal encroachers and they cannot be removed from that location without being rehabilitated in accordance with the DUSIB Policy. As stated earlier, when the judgment of Sudama Singh (supra) was pronounced, there was no policy in place and this Court in Ajay Maken's case was dealing with the cluster which had been identified This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:37:18 by the DUSIB and, therefore, the members of that cluster were entitled to the benefit of the DUSIB Policy. The learned counsel for the Petitioner has contended that a reading of paragraph 171 of the judgment of this Court in Ajay Maken (supra) indicates that the Division Bench of this Court has held that the DUSIB Policy, 2015, will apply to all the jhuggi Clusters alike and that, therefore, regardless of the fact that the present Cluster is included in the notified Cluster or not, the protection given by this Court in the judgment of Sudama Singh (supra) should be extended to the Petitioners as well. This argument does not hold water. If this submission is accepted, the entire DUSIB Policy, 2015, would be rendered infructuous, and there would have been no necessity for the DUSIB to bring out the policy restricting the right of rehabilitation only to those Clusters which were existing on 01.01.2006 and those jhuggis which were inside those Clusters as on 01.01.2015. It is the opinion of this Court that the judgment of Ajay Maken (supra) has to be read in that light. The said judgment has not rendered the DUSIB Policy, 2015, as violative of Article 14 of the Constitution of India. The purpose of the judgments passed by this Court in Sudama Singh (supra) and Ajay Maken (supra) was not to provide rehabilitation of the dwellers in the JJ Cluster even if they have encroached on government land. Encroachment on government land cannot be said to be a fundamental right of any person and This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:37:18 a person encroaching upon government land cannot claim that he is entitled to rehabilitation as a matter of right even in the absence of any policy bestowing the benefit of rehabilitation and relocation on the said person.” 6. At the outset, it is to be noted that in the present petition, it has not been mentioned that the petitioner’s Cluster is a part of Jhuggi Clusters as notified by the Delhi Urban Shelter Improvement Board (“DUSIB”) in the 2015 policy. 7. Though, Ms. Khatoon, learned counsel for the petitioner, draws my attention to entry No. 532 of the policy to state that the petitioner is a part of notified Cluster i.e., Bus Stand, Khichripur, Block 13-14. 8. I am of the view that the same is not so mentioned in the writ petition. 9. In the present writ petition, the petitioner categorically states that the petitioner is a resident of the JJ Cluster, Dr. Ambedkar Nagar JJ Camp. Dhobi Ghat, Kalyanpuri, Delhi, and the same is not co- relatable to the one actually notified and relied upon by the learned counsel for the petitioner. 10. Additionally, in paragraph No. 7 of the petition, the petitioner states that 9 Jhuggi’s belonging to the petitioner and his neighbors, were demolished on 24.06.2014. 11. As per Section 2(g) of the Delhi Urban Shelter Improvement Board Act, 2010, the petitioner’s area does not form part of a Jhuggi Cluster as a Cluster is required to have a minimum number of 50 households. 12. Hence, the petitioner is neither a cluster of Jhuggis under Section 2(g) of the Delhi Urban Shelter Improvement Board Act, 2010 nor is the petitioner a part of notified cluster. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:37:18 13. For the aforesaid reasons, the petition is devoid of merits and is accordingly dismissed. 14. Petition along with all pending applications stands disposed of. 15. The interim order dated 18.07.2014 stands vacated. JASMEET SINGH, J JULY 23, 2026/sp This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/07/2026 at 11:37:18