AKHIL BHARTIYA DHARMA PRASAR SAMITI & ORS. v. UNION OF INDIA & ORS.
W.P.(C)/101/2025 · 2025-01-08
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 33371 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33371 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 101/2025 & CM APPL. 405/2025, CM APPL. 406/2025
AKHIL BHARTIYA DHARMA PRASAR SAMITI & ORS. .....Petitioners Through: Mr. Nikhil Goel, Senior Advocate with Ms. Siddhi Gupta, Ms. Divita Dutta and Mr. Vaibhav Saini, Advocates. versus
UNION OF INDIA & ORS. .....Respondents Through: Ms. Monika Arora, CGSC and Ms. Archana Surve, GP with Mr. Subrodeep Saha and Ms. Radhika Kudhorkar, Advocates for R-1 and 5. Mr. Anuj Chaturvedi, Ms. Harshita Maheshwari and Mr. Pawan Karan Deo, Advocates for R-3. CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
O R D E R %
08.01.2025
1. The petitioner has filed the present petition inter alia praying as under:
“In light of the facts and circumstances stated above, the Petitioners respectfully pray that this Hon’ble Court may be pleased to:
(a) Issue an appropriate writ, order, or direction, in the nature of mandamus directing the Respondent No. 1 i.e. Union of India, through its Secretary, Ministry of Home Affairs, to provide a comprehensive rehabilitation package including but not limited to housing, healthcare, education, water and sanitation facilities to 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 24/01/2025 at 14:28:23
the Pakistani refugees currently residing in temporary basis in Delhi; and (b) Issue and appropriate writ, order, or direction, in the nature of mandamus directing the Respondent Nos. 2 i.e. Government of NCT of Delhi to rehabilitate the Pakistani refugees and provide them shelter with proper sanitation, clean water, electricity, medical facilities and hygienic conditions; and (c) Issue an appropriate writ, order, or direction, in the nature of mandamus directing the Respondent No. 3 i.e. Delhi Urban Shelter Improvement Board (DUSIB) to identify land and relocate the Pakistani refugees; and (d) Issue an appropriate writ, order, or direction, in the nature of mandamus directing the Respondent No. 4 not to disturb/ demolish the basis of Pakistani refugees; and (e) Issue an appropriate writ, order, or direction, in the nature of mandamus directing the Respondent Nos.
5 to 10 to compile and provide a complete and updated list of all refugees from Pakistan residing in various Basis across Delhi; and (f) Pass any other or further order(s) as this Hon’ble Court deems fit in the facts and circumstances of the present case.”
2. The petitioner submits that there are large number of migrants from Pakistan who have obtained citizenship pursuant to the Citizenship Amendment Act, 2019, however, are in need of comprehensive resettlement measures to enable them to live with dignity in India. 3. It is stated that some of the refugees are living in deplorable conditions and, therefore, there is an urgent need for the said category of persons being provided assistance under a comprehensive rehabilitation package. 4. The questions whether a rehabilitation package is to be provided to a category of persons and to what extent, is essentially a matter of policy. The said matters require evaluation of various aspects including the resources available for granting a relief. The petitioner has already made a representation to the authorities for considering providing a comprehensive 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 24/01/2025 at 14:28:23
rehabilitation package to persons who have migrated from Pakistan. 5. In view of the above, we consider it apposite to dispose of this writ petition by directing the respondent no.1 to consider petitioner’s representation and to take an informed decision. 6. The petition is disposed of with the aforesaid observations. VIBHU BAKHRU, ACJ
TUSHAR RAO GEDELA, J JANUARY 08, 2025 Yrj/Aj
Click here to check corrigendum, if any 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 24/01/2025 at 14:28:23