HC stays demolition of Chandigarh’s Janta Colony

In a setback to Chandigarh administration’s plan of constructing town slum-free by Might finish, the Punjab and Haryana excessive courtroom on Friday stayed the demolition notices put up at Janta Colony in Sector 25 for Might 15.

The excessive courtroom bench of justice Amol Rattan Singh and justice Lalit Batra acted on the plea of 1 Davinder and 9 others, who’re residents of the colony.

The UT administration had put up the notices within the colony on Might 3, asking the residents to vacate the realm earlier than the demolition drive, deliberate on Might 15.

The administration deliberate to get well round 10 acres of presidency land from the colony’s unlawful shanties, estimated to be round 2,500. At the moment the most important slum space within the metropolis, after the demolition of Colony Quantity 4 on Might 1, Janta Colony is estimated to be dwelling to greater than 10,000 folks.

It stands on land, value round 350 crore, which has been earmarked for a dispensary, a main college, a group centre and a purchasing space.

Within the excessive courtroom, the residents sought quashing of the Might 3 notices, terming them in violation of Article 14 (equality earlier than regulation) and 21 (proper to private life and liberty) of the Structure of India.

It was argued that the notices had been additionally in violation of the Chandigarh administration’s coverage of November 6, 2006, which talks about rehabilitation of these being evicted. They demanded that the administration be requested to make preparations for different lodging for them earlier than demolition.

As per petitioners, the inhabitants of the colony are labourers, hawkers, industrial staff, day by day wagers, sweepers, home staff, porters, and so forth. They’ve been residing within the colony repeatedly for the final 15- 25 years. The residents maintain ration playing cards, voter playing cards, driving licences, Aadhaar playing cards and PAN playing cards, issued by competent authorities. Therefore, they’ll’t be evicted with out making provisions for his or her rehabilitation, it was submitted.

The petitioners referred to the Pradhan Mantri Awas Yojana, which as per them says “in-situ” slum redevelopment is to be executed utilizing land as useful resource with non-public participation for offering homes to eligible slum dwellers, an necessary element of the “Housing for All” mission of the Authorities of India.

Through the listening to on Friday, the courtroom requested the UT’s counsel whether or not the petitioners’ case had been thought of below the 2015 rehabilitation scheme. UT instructed the courtroom that their eligibility was thought of below the Small Flats Scheme, 2006, they usually weren’t discovered to be eligible. However their case had not been thought of below the 2015 scheme.

“If this is so, we don’t see how citing a scheme of 2006 and a petition through which 2015 scheme just isn’t even a difficulty, may even vaguely decide the case of the petitioners,” the courtroom noticed, asking the UT secretary, housing and concrete growth, to file an affidavit detailing whether or not or not the petitioners are lined by the eligibility situations for 2015 scheme.

The matter will now be taken up on June 1 and until then, the administration has been restrained from demolishing the colony.

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