$~116 & 117 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5530/2024 MITHUN AND OTHERS .....Petitioner Through: Appearance not given versus DELHI DEVELOPMENT AUTHORITY AND OTHERS .....Respondents Through: Ms. Kritika Gupta, Ms. Vidushi Singhania, Advs. for DDA Mr. Anuj Chaturvedi, Ms. Richa Dhawan, Ms. Yashita Jain, Advs. for DUSIB 117 + W.P.(C) 903/2026 VINOD .....Petitioner Through: Ms. Kawalpreet Kaur, Adv. versus DELHI DEVELOPMENT AUTHORITY .....Respondent Through: Ms. Kritika Gupta, Ms. Vidushi Singhania, Advs. for DDA Mr. Anuj Chaturvedi, Ms. Richa Dhawan, Ms. Yashita Jain, Advs. for DUSIB CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 10.03.2026 1. These are writ petitions filed under Article 226 of the Constitution of India seeking the following prayers:- 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 16/03/2026 at 16:25:26 W.P.(C) 5530/2024 “a. Issue a writ, order, or direction in the nature of mandamus restraining the respondent from making the allotment of the remaining flats which were constructed for the In-Setu rehabilitation jailer Wala Bagh slum dwellers to clusters at Golden Park, Rampura, and clusters in front of Mata Jai Kaur School. …” W.P.(C) 903/2026 “(a) Issue a writ, order, or direction in the nature of mandamus restraining the respondent from making the allotment of the remaining flats which were constructed for the In-Situ rehabilitation Jailor Wala Bagh slum dwellers to clusters at Dalit Ekta Camp, Vasant Kunj, during the pendency of the Petitioner’s appeal before this Hon’ble Court and until it attains finality. (b) Direct that any allotment or possession, if made, shall be expressly subject to the final orders of this Hon’ble Court, and that an equivalent number of flats be earmarked and kept vacant for the petitioner and other similarly placed appellants from JJ Cluster Jailorwala Bagh. (c) Pending final disposal of the present writ petition, this Hon’ble Court may kindly be pleased to stay any further allotment or possession of flats meant for in-situ rehabilitation of JJ Cluster Jailorwala Bagh to JJ dwellers of other clusters.” 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 16/03/2026 at 16:25:26 2. The case of the petitioners, in W.P.(C) 5530/2024, is that the JJ Cluster Jailer Wala Bagh is situated in Ashok Vihar Phase-II. The Delhi Development Authority (“DDA”) i.e., respondent No. 1 initiated an In-Situ rehabilitation project at the said site, which included survey of slum dwellers residing at Jailer Wala Bagh. The petitioners were listed in the said survey for In- Situ rehabilitation. As part of this project, DDA constructed 1675 flats at Ashok Vihar, to provide housing facilities to the beneficiaries identified through the survey process. 3. Out of the 1645 surveys, 1093 were declared eligible and 552 ineligibles for the allocation of alternate dwellings, for various reason. The petitioners have challenged reasons for ineligibilities before the appellate authority of DDA and have filed appeals. 4. It is stated that the respondent has been allocating flats to other Jhuggi Dwellers (JJ Dwellers at Golden Park, Rampura, and clusters in front of Mata Jai Kaur School) who are not from the JJ Cluster Jailer Wala Bagh, Ashok Vihar Phase-II, Delhi, even before decisions of the appellate authority and no flats have been reserved for the petitioners and other ineligible JJ Dwellers while their appeals are pending. 5. The case of the petitioners is that since the project is In-Situ rehabilitation and the flats were constructed primarily for accommodating the jhuggi dwellers of Jailer Wala Bagh, the un-allotted flats should be kept reserved for the petitioners (found ineligible till today). It is further stated that in case the flats are allotted and if the petitioners are found successful and eligible, there will be no flats available to allot to the petitioners. Hence, the very purpose of the 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 16/03/2026 at 16:25:26 policy would be defeated. 903/2026 6. The petitioners seek to rely on Relocation Policy, 2015 which reads as und 7. I have heard learned counsels for the parties. 8. A perusal of the Short Affidavit on behalf of the respondent 1/DDA, filled at Golden Park, Rampura, and Clusters in front of Mata Jai Kaur School) which were constructed for rehabilitation of Jailer Wala Bagh Slum Dwellers, 1087 flats have been allotted to the residents of Jailer Wala Bagh Slum Dwellers. Howeve slum dwellers of Golden Park, Rampura, 46 flats have been allotted to slum dwellers of cluster at Mata Jai Kaur School, and 187 flats have been allotted to the slum dwellers of Dalit Ekta Camp Vasant Kunj. Hence, 81 flats Jhuggi dwellers 9. A perusal shows that all the flats have been allotted to slum dwellers with a view to rehabilitate these slum dwellers. No fault can be found policy would be defeated. The case of the petitioner in is similar. The petitioners seek to rely on the Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015 and more particularly which reads as under:- I have heard learned counsels for the parties. A perusal of the Short Affidavit on behalf of the respondent 1/DDA, filled in W.P.(C) 5530/2024, shows that out of at Golden Park, Rampura, and Clusters in front of Mata Jai Kaur School) which were constructed for rehabilitation of Jailer Wala Bagh Slum Dwellers, 1087 flats have been allotted to the residents of Jailer Wala Bagh Slum Dwellers. However, 274 flats have been allotted to wellers of Golden Park, Rampura, 46 flats have been allotted to slum dwellers of cluster at Mata Jai Kaur School, and 187 flats have been allotted to the slum dwellers of Dalit Ekta Camp Vasant Kunj. 81 flats still remain vacant, available for allotment to eligible Jhuggi dwellers. A perusal shows that all the flats have been allotted to slum dwellers with a view to rehabilitate these slum dwellers. No fault can be found The case of the petitioner in W.P.(C) the Delhi Slum & JJ Rehabilitation and and more particularly Clause No. 2(a)(iii), A perusal of the Short Affidavit on behalf of the respondent No. shows that out of 1675 flats (built at Golden Park, Rampura, and Clusters in front of Mata Jai Kaur School) which were constructed for rehabilitation of Jailer Wala Bagh Slum Dwellers, 1087 flats have been allotted to the residents of Jailer r, 274 flats have been allotted to wellers of Golden Park, Rampura, 46 flats have been allotted to slum dwellers of cluster at Mata Jai Kaur School, and 187 flats have been allotted to the slum dwellers of Dalit Ekta Camp Vasant Kunj. still remain vacant, available for allotment to eligible A perusal shows that all the flats have been allotted to slum dwellers with a view to rehabilitate these slum dwellers. No fault can be found 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 16/03/2026 at 16:25:26 with the actions of the respondents as the respondents are allotting flats to rehabilitate slum dwellers and have given primacy to the Jailer Wala Bagh slum dwellers. It is only the balance flats which are being allotted to slum dwellers of other areas. 10. The petitioners, as of today, do not have any vested right in their favour and at best, a chance of success. In case the petitioners are found eligible subsequently, the respondents are duty bound to rehabilitate them in accordance with the policy (Clause No. 2(a)(iii), Delhi Slum & JJ Rehabilitation and Relocation Policy, 2015, as reproduced above). 11. Hence, as of today the prayers which are made before this Court of reserving the remaining 81 flats, do not appeal to me. 12. The flats are being allotted to jhuggi dwellers and the balance 81 flats cannot be kept vacant on the mere expectation that the petitioners may succeed in their challenge to their ineligibility. 13. Additionally, the petitioners will also get flats if and when they succeed in terms of the policy. 14. Further, the learned counsels for the petitioners has relied upon an order passed by a Coordinate Bench of this Court in Surgandhi v. Delhi Urban Shelter Improvement Board (DUSIB) through the Chief Executive Officer & Ors., dated 21.11.2025, W.P. (C) 7345/2025, wherein a flat was reserved for the petitioner. The said order is an interim order and does not lay down any law. Additionally, in that case, the petitioner’s name was found in the voter lists for the year 2012, 2013, 2014 and 2015 and only not found in the year 2024 which is not the case here. 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 16/03/2026 at 16:25:26 15. For the said reasons, the petitions are dismissed and as and when the petitioners are declared successful in their challenge and are not allotted flats in accordance with the policy, the petitioners will be at liberty to approach this Court. JASMEET SINGH, J MARCH 10, 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 16/03/2026 at 16:25:26