RTI activist thrashed for complaint against illegal factory on BMC land

A Right to Information (RTI) activist was assaulted by four people running an illegal plastic manufacturing unit on land belonging to the BMC.

The activist, identified as Naushad Khan, 27, had filed an RTI application in July seeking information about the factory set up in the Kismat Nagar pipeline at Sonapur, Bhandup. He also filed a complaint with the fire brigade claiming that the factory could be hazardous for the area which is densely populated.

On August 30, Khan received a reply from BMC stating that the factory was being without legal permission and the people running the factory had not submitted any papers seeking permission to run it.

On Tuesday, when Khan went to the factory with officials from the Vikhroli fire brigade, he was attacked by four people who allegedly ran the factory.

"The factory is run by Abdul Malik, and his partners are Akram, Akbar and Alam Khan. When they came to know that I had filed a complaint against their factory, they started abusing me and assaulted me with sticks. This happened in front of BMC officers," said Khan.

According to Khan, the factory site was recently cleared of encroachments by BMC. The surrounding area is dumped with large quantities of hazardous plastic. This site is located close to the Tansa water pipeline, which supplies water to the city.

"We have arrested Abdul Malik, Akram Khan and Akbar Khan for assaulting Khan. They have been booked under sections 324 of IPC (causing grievous hurt). The fourth, Alam Khan is absconding." said Srirang Nadgowda, senior police inspector of Bhandup police station.

MCD sends abusive reply to RTI application

It cannot be denied that the  Right to Information (RTI) Act has brought about a revolution of sorts in India. But the very act of seeking information is often met with stiff resistance, and sometimes expletives, from an intransigent bureaucracy that refuses to lay itself open to scrutiny.

For Brijesh Kumar, it came as a rude shock when, in response to a query made in an RTI request to the Municipal Corporation of Delhi (MCD), he received the reply: "Tu ch** ia hai".

Kumar had sought details about the MCD's management of solid waste. He was stunned when he saw this reply when he logged in to check the status of his RTI request on August 2. He had filed the RTI query through the MCD's newly constituted online mechanism on July 14.

His first query had been answered by a superintendent engineer of the MCD with the cuss words: "Tu ch** ia hai ." The rest of the nine questions, Kumar alleged, did not have a satisfactory reply either.

"Is this how the MCD runs its business? I cannot believe the civic body can reply in such a foul manner. I have been in constant mental agony and depression since I read the RTI reply," a shocked Kumar said.

When contacted, MCD officials said they had started an investigation into the possible hacking of the corporation's website after an abusive message was posted in reply to a query on its RTI portal.

"The regrettable and illegal act has been done by some mischievous and unknown person who appears to have access to the system through the use of a default login ID and password, and not by ' hacking' of the website," Deep Mathur, MCD director (press and information), said.

"Steps have been taken to avert recurrence of such incidents and investigations have been initiated to bring the culprit to book," Mathur added.

The MCD has also reportedly approached the Delhi Police's economic offences wing (EOW) and registered a case. A police inquiry into the matter is expected to start soon.

"Today (Tuesday) we went and met the additional commissioner (EOW) of the Delhi Police. We have given him the details of the entire case and requested them to take up the matter and identify the guilty," Mathur said. On his part, Kumar said he was not as much hurt by the MCD's reply as by its indifference.

"The question of who replied to the RTI is secondary; the primary response of the MCD should have been an apology. Despite having my address and number, they haven't even contacted me for a probe, let alone an apology," Kumar, a resident of Dwarka, said.

This is not the first time the MCD has reacted in such a manner. For an RTI request filed a few years ago seeking details of construction of a site in Shahdara, the applicant was threatened with dire consequences.

Mohit Sharma, the victim, alleged that on March 12 last year, MCD's executive engineer BMN Rao, assistant engineer Umesh Singh and one more person came to his home in Dilshad Garden around 1 pm and threatened him.

"Umesh Singh told me that I was playing with fire and it could harm me. He added that no one can survive after clashing with the MCD officials. They threatened to demolish my house and my brother's shop," Sharma said.

The Delhi Police had registered a case. Sharma had also complained to the chief information commissioner (CIC) about the threat. Information commissioner Shailesh Gandhi had written to the then police commissioner Y. S. Dadwal regarding the allegation of the RTI applicant.

In the latest case, Dwarka Forum, an NGO of which Brijesh is a member, has filed a complaint with the CIC about the matter.

"We have already lodged a complaint with the commission. Information commissioner Gandhi has taken cognisance of the same," Anoop Rohera, secretary of the Dwarka Forum, said.

Threat & abuse are MCD'S answer

• Brijesh Kumar, a Dwarka resident, filed an online RTI application with the MCD on July 14, seeking details about the agency's solid waste management.
• On August 2, he logged in to check the status of his queries. He had received the reply. But in response to the very first query, an MCD superintendent engineer had posted an expletive.
• Dwarka Forum, an NGO Brijesh works with, has filed a complaint with the CIC.
• MCD claimed the abusive reply was posted on its website by some mischievous element using default login ID and password. It claimed to be investigating the matter.
• MCD spokesperson said the agency has registered a case with the Delhi Police.
• Last year, two MCD engineers had allegedly threatened an RTI applicant, Mohit Sharma, who had sought details of a construction site at Shahdara. Sharma, too, had complained to the CIC and the police.

Read more at:http://indiatoday.intoday.in/story/abusive-reply-to-rti-query-by-mcd/1/147604.html

RTI activist jailed in Ghaziabad Read more at: http://indiatoday.intoday.in/story/rti-activist-jailed-in-ghaziabad/1/146889.html

Those who blow the whistle on corruption continue to faceharassment across the country. The latest such case has surfaced in Ghaziabad.

An RTI activist has been in jail, allegedly on cooked up charges, after he exposed the nexus between builders and officials of the Ghaziabad Development Authority (GDA) to allow illegal construction in Shalimar Garden.

Pawan Sharma, a garment retailer and resident of Shalimar Garden-II, gathered details on the largescale unauthorised construction in the area through a
series of RTI applications filed with the GDA. He then complained to various authorities against builders and GDA officials.

Jail for blowing whistle.

He submitted photographs of the illegal buildings and also mentioned the bribes charged by the GDA officials, including top officers, for allowing such buildings to come up.

The authorities Sharma complained to regarding the state of affairs included the district magistrate, the senior superintendent of police (SSP), the Meerut divisional commissioner, Uttar Pradesh's home secretary and even chief minister Mayawati.

And he paid the price for exposing the nexus. An FIR was filed against him for extortion and criminal intimidation and he was sent to jail on July 11. Earlier in April, too, the police had booked Sharma on the same charges. He was to appear with his complaint, made on March 16, before the GDA vice-chairman on April 13, but was "deceptively" arrested on April 11. He was called by the police for "talks" and was sent to jail instead. He was later released on bail.

Sharma's wife Deepa alleged the police had taken bribe from the builders to frame her husband. "My husband was worried that the lives of hundreds of people were at risk. He wanted the government to take action against the guilty officials and builders.

"On the evening of April 11, the police came and took him along By Akash Vashishtha in Ghaziabad on the pretext of discussing the complaints he had filed against the builders. But he did not return. He was tortured by the police and sent to jail. The police took Rs.3 lakh from the builders to jail him on false charges," Deepa alleged.

Sharma's lawyer said he has been in jail for more than three weeks, though Section 21 of the RTI Act states that no person seeking information through RTI can be booked in a criminal case. The UP Urabn Planning & Development Act, 1973, also prohibits any criminal action against a person filing an RTI application.

On Monday, social activist Rajendra Tyagi demanded a CBI inquiry into the illegal construction atIndirapuram, Shalimar Garden, Kaushambi, Vasundhara, Rajendra Nagar, Brij Vihar, Surya Nagar, Ramprastha and Rampuri.

"There is total anarchy. Those who raise their voice against illegalities are put behind bars. Pawan Sharma is a patriotic RTI activist who was singing Shaheed Bhagat Singh's songs while being taken to court," Tyagi said.

Ghaziabad SSP Raghubir Lal, however, justified Sharma's arrest. "I ordered to file an extortion case against him after more than 40 builders approached me with the complaint that he was charging money from them. He filed RTIs first and then approached the builders asking for money. He threatened to expose them before the media if they did not pay," Lal said.

GDA vice-chairman Narendra Kumar Chaudhary, however, admitted the officials could have connived to allow largescale unauthorised construction in recent years.

"Some officials may be corrupt. We are identifying the illegal under-construction buildings and action would be initiated against them," he said.

Read more at:http://indiatoday.intoday.in/story/rti-activist-jailed-in-ghaziabad/1/146889.html

City's orphans have a shot at education now

Shaswati Das, Hindustan Times, New Delhi, October 18, 2012

The Capital's orphans are going to get a chance at education and subsequently a better life with the Delhi government notifying that such children will have an equal right as per Right to Education (RTE) Act guidelines.

An orphan as defined by the Juvenile Justice Care and Protection of Children Rules is a child who is without parents or willing and capable legal or natural guardian. Such a child will have to be given admission under the Economically Weaker Sections (EWS) category, the government notice said.

"Starting this academic session, orphans will now be considered for admission in all schools under the EWS category. This is an attempt at giving them as much of a chance at gaining formal education as any other child. All schools will, therefore, be required to consider applications of orphan children as well," said Amit Singla, director of education, Delhi government.

While the child will need a certificate from the Women and Child Development department to be eligible for admission, schools maintained that no separate provision would be made for these children.

"Orphans will not be considered separately but will be included in the 25% EWS category itself. This is because the child will either come through an orphanage or the Delhi government. So children from all disadvantaged groups will fall under the EWS category," said Ameeta Wattal, vice chairperson, vice chairperson, National Progressive Schools Conference.

Yet, this directive may not necessarily spell good news for children belonging to this category. Thanks to the lottery system followed by schools, the odds against and those in favour of an orphan child being selected for nursery admission are equal.

"Our task is to provide a chance to underprivileged children and ensure that they are provided quality education. These children will also be subject to the lottery system under the EWS category so that the chance of an orphan is as much or as little as any other child under the category," Wattal added.

Pvt school flouts rules, makes EWS child pay for midday meal

New Delhi, October 16, 2012, DHNS:

Law says poor students can’t be charged fees of any kind

A pre-school student from the economically weaker section has been charged Rs 500 for two months by a private school for the food served under the government-funded midday meal scheme.

Activists say Dayanand Model School in Patel Nagar is violating regulations as schools are not supposed to charge any fee to poor students admitted under the EWS quota. 

Schools are also supposed to be get government funds if they decide to provide midday meals to EWS students, though private schools have complained in the past that they don’t get adequate funds for this.

No school fee

Kamlesh, the student’s mother, said the school did not charge anything from them for his admission, but is charging for lunch provided by the school for the last two months. The payment was made to the school through Allahabad Bank in East Patel Nagar. 

“The school has charged Rs 250 per month. I was not aware that we were not supposed to pay for any provisions given by the school to students who are studying for free. Shubham has been going to this school for four months now,” said Kamlesh, who works as a maid.

Parents were recently called by the school authorities and they were asked to pay more money for the school meal for September and October. 

“When she approached me regarding this issue, I stopped her from paying for these two months as under the EWS category schools are not supposed to charge children any kind of fee,” said advocate Kusum Sharma. 

She added private schools which opt for the midday meal scheme can’t charge even non-EWS students for it.

Breaking rules
Social Jurist, a rights group, has written to the directorate of education and the school to look into the issue. “Under the provisions of the Right to Education Act, 2009 read with the Delhi RTE Rules, 2011 the school is obliged to provide all facilities to EWS students free of cost. You are requested to stop demanding any amount from EWS students on account of midday meal,” reads the letter.

Refund sought

Social Jurist has also demanded that the school refund the amount taken from EWS students towards midday meal. When contacted, the school authorities said the allegations were baseless and refused to give any explanation.

Notoriety of Khap Panchayats !

The Khap Panchayat has done it again, to assert its false, unconstitutional and undemocratic supremacy. Going by the “Mail Today” news item which has appeared in its 1st October, 2012 issue, it is gathered that the Khap Panchayat has held a meeting at village Kohi in District Reewari of Hariyana and issued an order / diktat for the social boycott of the families of a boy - Bhagirath and a girl called Sunita, in case they do not disown their children. It is further reported that this young couple named Bhagirath and Sunita has developed strong sentiments of love and affection towards each other despite belonging to the same Gotra or clan and have married in April last year. The young love birds have married defying the socially accepted norms, customs and traditions relating to the Hindu marriages and also have a child now. It is pertinent to mention here that this young couple belongs to the Dalit families and sensing / fearing a threat to their life, they have also fled from their village and have approached the Rajasthan High Court for seeking security for them, as the big and influential people in the village's social hierarchy (members of Khap Panchayat) are deadly against them and are bent upon nullifying / ruining their married life, despite the fact that a baby has also arrived in their family now. 

It is also relevant to mention here that this is no the first or the casual case where Khap Panchayat has interfered and declared the marriage of the young couples belonging to the same Gotras as null and void. So many incidents of their uncalled for and illegal interruptions have been noticed and reported in the print and electronics media earlier also, particularly in the states of Haryana, Uttar Pradesh and Rajasthan. Not only that, in some of the cases, young boys and girls daring to marry despite attracting strong opposition from the Khap Panchayats, had to pay the price with their precious lives, even though the fact remains that these kind of Khap Panchayats do not have any legal or constitutional authority to issue such diktats or orders to the people living in the rural areas in the above mentioned three states. It is just by the virtue or vice of their economic and social hegemony that they continue to assert their illegitimate pressure and influence on the people, particularly on the lower and poorer strata of society, i.e. Dalits to say the specific. It is also being perpetually done because of the implied and tacit understanding of most of the political leaders in power in these states. And these leaders have miserably failed in their constitutional duty towards of have-nots of the society, on more than one front and on more than one occasion. The big landlords and Jats etc. continue to harass and victimise the Dalits of the villages and neither Police nor political leaders help them to stop this menace.

Let us now delve a bit deeper into the malaise of the same Gotra or same clan marriages in the historical perspective. Shuffling over the pages of Indian history, here I am reminded of the times of Mahabharata. Every one is aware that during Mahabharata, Pandava Prince Arjuna had married Subhadra, who was his second wife. And this Subhadra was the real cousin sister of Arjuna, as mother of Arjuna (Kunti) was sister of Lord Krishna’s father (Vasudev) and both of them were Hindus. And, as everybody is aware that according to the Hindu customs and traditions relating to marriages, particularly in the northern India, marriages between cousins are strictly forbidden, because they are considered as brothers and sisters. But when Lord Krishna realised that His own sister Subhadra loves and adores Pandav prince Arjuna, Lord Krishna not only inspired Subhadra to elope with Arjuna, (as otherwise, their elder brother – Balram, had already made plans to marry her to the Kaurav prince Duryojan), but also advised Arjuna to kidnap Subhadra and flee with her from their kingdom – Dwarika, in case he really wants to marry the girl closer to his heart. Not only that, Lord Krishna also advised Arjuna to make Subhadra his charioteer so that the blame of kidnapping her does not fall on him. And after the storm of the anger and agitations against Arjuna engineered by their elder brother Balram had subsided and their pent-up sentiments had settled down, Lord Krishna convinced every one in their court that it was their own sister - Subhadra who herself drove away with Arjuna and also that the choice of finding a suitable match for the girl should be better left to her - was accepted by one and all present there. Thereafter, their marriage was solemnised with all related religious customs and traditions.

One thing more I would like to emphasize here that Lord Krishna was God himself, and during those times, who was better or bigger interpreter of religion and morality than Lord Krishna himself? But when He himself realised that Arjuna and Subhadra love and adore each other truly, He too bowed before the wishes of their love and sentiments and thus, He not only willingly agreed to their marriage but heartily bestowed His blessings on the young couple as well.

Now let us take another example from the pages of history. The 12th century chivalrous Rajput King of Ajmer, Prithviraj Chauhan (1149-1192) had not only loved Sanyogita or Sanyukta, but also kidnapped her and later on married her, much against the wishes of her parents. Both belonged to the Hindu families and Sanyogita was none other than Prithviraj’s own cousin sister (Mausi Ki Ladki), as she was daughter of Jai Chander, the King of Kannauj. Now everybody is aware that the Hindu religion does not matrimonial alliance between cousins as they are treated as brother and sister, but none had guts and courage to tell Prithviraj not to look at Sanyogita with this type of intention, which is considered as incest accordingly to the Hindu beliefs. But least bothering about the prevailing customs and traditions etc., Prithviraj moved forward and married her.

Many more examples of marriages between cousin and same Gotra / clan can be given even from the recent history, but the fact remains that the big and wealthy people hardly care for what other say or opine about their relationships. Religious customs and traditions are generally accepted and respected by the poor and middle class families only. Nevertheless, one more thing, I would like to emphasise here is that, by reading up to this level, please don’t jump to the conclusion or presume that I am in favour of same Gotra or clan marriages in Hindu families. But on the contrary, personally speaking, I am totally against such type of marriages, as the modern medical science has made it abundantly clear that while seeking matrimonial alliances, efforts should be better made to go beyond your own clan / Gotra etc., as if such a (same Gotra) marriage takes place, the children to be born out of that wedlock, shall have lower IQ level and shall also be susceptible to a number of diseases, as genes of both the parents have not been allowed to be different. Moreover, physical and mental traits of the kids shall also remain almost at the same level and there is very little likelihood of its moving up the ladder of intelligence. That is why, in Punjab, when finding a suitable match for the boy or girl, we keep in mind the Gotras of Father, Mother, Daadi and Naani and ensure that these four Gotras do not match with the Gotras of girl’s aforesaid four relations.

Last, but not the least, if the young boy and girl, least caring for the Gotras of their parents, think about their marriage, no doubt they should be made aware of the deficiencies which are likely to occur in their future life and their next generation, but if the young people does not care for these things to be avoided, it should be better left to themselves. Khap Panchayats should try to nullify their marriage or exercise any threat to them, because the matter is outside their domain. Moreover, such Panchayats should also keep in mind that they are not the elected bodies of the village, rather it is the Gram Panchayats who are legally empowered to exercise some influence on the people.

While discussing about the Khap Panchayats, it is observed that 9/10 cases of rape or gang rapes have taken place in Haryana alone during the last one month. One of the victims, a sixteen years old girl who was gang-raped around a week ago by the boys of the same village in Distt. Jind, has not only gone into depression, but also committed suicide by setting herself on fire after pouring kerosene oil over her body. But these Khap Panchayats have again miserably failed to rise upto the occasion and criticise and condemn the culprits who have committed such heinous crimes on girls / women. Why ? Don’t they have any sympathy for those victims or they simply avoid such ghastly acts of the criminals because majority of them are rich and influential people of their own community. Not only that, it is also observed that on many occasions, when some friction abrupt amongst the Jats and Dalits of their village, houses of the Dalits are set on fire, but even then these Khap Panchayats maintain their studied silence on those ghastly crimes. Thus, it can be observed that these Khap Panchayats act and speak only on the matters which are convenient to them and to maintain their false hegemony in society. It is also observed that most of the leaders of all political parties also prefer not to act or speak on the atrocities committed by Jats on Dalits in these states, may be also due to fear of political backlash.

While on the bad customs and traditions made by the big and influential people of the village society of Rajasthan, it is not out of place to mention here that in Village Dangariya of Distt. Dausa, Dalit members of the village are compelled to take off their shoes and slippers etc. while passing in front of or crossing the houses of the upper caste people. Not only that, Dalit youths are also prohibited from riding on horse backs while their marriage procession is proceeding towards the houses of the brides. What a derogatory rule made for the Dalits of the village and is mischievously allowed to prevail even after 65 years of Indian having gained freedom and untouchability has been declared a crime by law. Why these Khap Panchayats don’t speak against such draconian and Talibani diktats or orders and bad practices which are totally undemocratic in the eyes of the law and curtail the freedom of one caste or community and makes them subservient to others in society?
All such incidents and events are nothing but glaring examples of notoriety of the Khap Panchayats going on in all the three states of Uttar Pradesh, Haryana and Rajasthan. The sooner these are addressed to properly, the better it would be for all the sections of society, because, otherwise, dictates of the Khap Panchayats not perpetuate unwanted and undesired friction amongst the various section of society, but it also leads to discrimination on basis of caste and community, besides being contrary to the spirit of fundamental rights of all the citizens. I would also like to suggest that the rape of a minor girl should be treated at par with murder and the man committing such crime should be awarded death penalty and all such case should be decided with expeditiously, preferably within two years. Not only that the undemocratic, illegal and Talibani wings of these Khap Panchayats should also be clipped and if they announce such an order in future, they should also be awarded huge and exemplary financial penalty.

Jawala Puri Jhuggi Case

IN THE HIGH COURT OF DELHI AT NEW DELHI
CONT.CAS(C) 890/2011
VIRAT COOPERATIVE GROUP HOUSING SOCIETY LTD and ORS ..... Petitioners
 
Through: Mr Raj Panjwani, Sr. Adv. with Mr Aditya Shamlal, Adv.
versus
COMMISSIONER MUNICIPAL CORPORATION OF DELHI and ORS ..... Respondents
Through: Mr Parvinder Chauhan, Adv. for R-1.
 
Ms Mini Pushkarna and Ms Prerna Varma, Advs. For Resp./MCD with Mr. S.S.
  Gill, Asstt. Commissioner, Rohini Zone, MCD.
  CORAM:
 
   HON'BLE MR. JUSTICE RAJIV SHAKDHER
   O R D E R 
   27.07.2012
 By this contempt petition, compliance is sought of the order dated 11.02.2009. Learned senior counsel for the petitioner says that more than three years have passed and to date there has been no compliance. Learned counsel has taken me through the order dated 09.02.2011 which demonstrates the sloth which the respondents have displayed in complying with the order. As a matter of fact as recently as on 16.02.2012 my predecessor had once again granted them six weeks to remove the encroachments,  which are subject matter of the present contempt petition. Instead of removing the encroachments the respondents have filed an additional affidavit dated 20.07.2012 giving their stand as to why encroachments had not been removed. Learned counsel for the petitioner says that this is one of those cases where the respondents have just refused to abide by the orders of the court and have in a sense cocked a snook at the court.
 Ms Pushkaran, on the other hand submits that since there were representations on behalf of the people who reside in the JJ Cluster, near the petitioner s society, there has been this delay in implementing the orders of this court.
 
One of the reasons that Ms Pushkarna has indicated is the lack of decision on the rehabilitation of the residents of the JJ Cluster. Ms Pushkaran, at present says, that now, a decision has been taken to remove the encroachments irrespective of whether or not respondents are able to find a suitable place for relocating the encroachers. She seeks time till 30.09.2012, in view of the rainy season, and says that, the needful
will be done on or before 30.09.2012.
 
I am of the view that the respondents have in a sense committed contempt not once but several times over. The only reason that I have stopped short of taking punitive action against the respondents is the apparent lack of resources of the people residing in the JJ Cluster.
Notwithstanding the above difficulty, it is ultimately the duty of the State to rehabilitate and relocate people residing in JJ cluster and at the same time ensure that there is complete compliance of the orders of the court. The State is not bereft of resources.
 
Taking into account what Ms Pushkarna has stated before me, which is that, some time may be granted on account of the ensuing rainy season, I defer orders in the captioned contempt petition till after 30.09.2012.
In case the needful is not done by that date, the respondents shall remain present in court for further action in the matter. I am informed that the present incumbent
in the office of the Commissioner of MCD is Mr P.K. Gupta; this duly taken note of. This order should be brought to the notice of the Hon ble Lt. Governor, GNCT of Delhi, as well.
 
  List on 19.10.2012.
  RAJIV SHAKDHER, J
  JULY 27, 2012

 IN THE HIGH COURT OF DELHI AT NEW DELHI
 
  CONT.CAS(C) 890/2011
   
  VIRAT COOPERATIVE GROUP HOUSING SOCIETY
 
  LTD and ORS ..... Petitioner
 
  Through: Mr. Raj Panjwani, Senior Advocate with Mr. Aditya Shamlal,
  Advocates. 
versus   
  COMMISSIONER MUNICIPAL CORPORATION OF
 
  DELHI and ORS ..... Respondent
 
  Through: Ms. Usha Saxena for R-1
 
  Ms.Prerna Verma for Ms. Mini Pushkarna, Advocate for MCD.
 
  Ms. Gayatri Verma for Mr. Najmi Waziri, counsel for R-3.
 
  CORAM:
 
   HON'BLE MR. JUSTICE VIPIN SANGH  
   O R D E R
   16.02.2012 
 
On the last date, the Court had directed the respondents to comply with the order of the Division Bench dated 09.02.2011 or file their affidavits to extend their reasons for non-compliance. The affidavits have been filed. The consistent stand taken in the affidavits of respondents 1 to 3 is that in the case of Sudama Singh, the SLP has been
preferred before the Supreme Court which came up before the Supreme Court in early January, 2012 and is pending.
It is stated that this Court had, in the case of Sudama Singh quashed the policy of not rehabilitating the encroachers/squatters in the right of way. The respondents state that they are awaiting the decision of the Supreme Court to implement the order dated 09.02.2011 as the squatterers in the case, who are 600 in number, all are sitting in the right of way.
A perusal of the order dated 09.02.2011 shows that the Court in categorical terms directed the respondents to positively remove the encroachments in the right of way by the end of March, 2012. The Court reproduced its earlier orders of 11.02.2009, 28.02.2010 and 19.01.2011 in its said order.
The petitioners continue to suffer on account of the encroachment of the road/right of way and they are not even able to access their colonies because of the said encroachments.
The concern of the respondents for those squatting on the right of way is justified, as their encroachment and relocation are human problems, and involves rehabilitation of the poorest of the poor. However, the indifference shown by the respondents to the suffering of the petitioners, who are residing in their legally built and occupied co- operative societies after paying premium for land, cost of construction and who pay property taxes each year, cannot be appreciated. It is the obligation of the respondents to cater to the needs of all the citizens, and not only of a section of them. The respondents may formulate their policy with regard to the rehabilitation of persons squatting on the right of way, but that does not mean that the petitioners can be made to suffer indefinitely. The encroachments should now be removed without any further delay. If they are so minded, the respondents may temporarily rehabilitate the squatterers from the right of way of the petitioners colonies to another location, being mindful that in the process they do not create a nuisance for others. It is high time the suffering of the petitioners comes to an end.
Pertinently the decision of the Division Bench was rendered on 09.02.2011 and apparently no SLP has been preferred in relation to the order dated 09.02.2011 till date. SLP has been preferred in the case of Sudama Singh, decided in 2010. It appears the same was also preferred belatedly. This is a reflection of the seriousness with which the respondents have been addressing the problem being faced by the  petitioners.
In the aforesaid background, I direct the respondents to positively remove the encroachments from the right of way of the petitioners society i.e. J.J. Cluster Virat Cooperative Society within 12 weeks from today. In case of non-compliance of the order dated 20.04.2011 as well as the present order within the aforesaid period, respondent no.2 shall personally remain present in court on the next date for initiation of contempt proceedings. The other two respondents are directed to fully  cooperate and ensure compliance of this order.
 List on 27.07.2012 for reporting compliance.
  VIPIN SANGHI, J

FEBRUARY 16, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI
  CONT.CAS(C) 890/2011
  VIRAT COOPERATIVE GROUP HOUSING SOCIETY LTD and ORS ..... Petitioners
   Through: Mr. Raj Panjwani, Senior Advocate, with Mr. Aditya Shamlal, Advocate.
versus 
  COMMISSIONER MUNICIPAL CORPORATION 
  OF DELHI and ORS ..... Respondents 
  Through: Ms. Mini Pushkarna, Advocate for the respondent No. 2/MCD. 
  Ms. Zeenat Masoodi, Advocate for the respondent No. 3/GNCTD.
   
  CORAM:
 
   HON'BLE MR. JUSTICE VIPIN SANGHI
   
   O R D E R
   05.12.2011
   
  Issue notice. Learned counsel for the respondents No. 2 and 3 accepts notice.
 
  Let notice issue to respondent No. 1 returnable on 16.02.2012.
 
  The grievance of the petitioners is that despite the orders dated 11.02.2009, 28.04.2010 and 09.02.2011 passed by this Court in writ proceedings and contempt proceedings, the respondents have not taken any steps whatsoever to remove the encroachments even though time has been granted lastly up to June 2011. According to the petitioner, the respondents have not even initiated the process of removal of the Jhuggi clusters.
 
Learned counsel for the respondent No. 2 submits that some Special Leave Petitions are pending before the Supreme Court.
 
However, it appears that no interim stay of the directions of this Court have been granted by the Supreme Court. There is no justification for not abiding the orders passed by this Court. The respondents are hereby directed to implement the judgments and orders of this Court positively within four weeks. In case the same is not done, they should file their affidavits within four weeks to explain the non-compliance of the Court?s order. If neither is done, the respondents or those who had
fail to file their replies, should remain personally present in Court on the next date.
 
A copy of this order be given to respondent No. 2 and be also sent with the notice.
 
List on 16.02.2012.
Dasti.
 
VIPIN SANGHI, J
 
DECEMBER 05, 2011