Court No. - 21
Case :- WRIT - C No. - 37213 of 2018 Petitioner :- M/S Jhuggi Jhopari Welfare Association And Another Respondent :- State Of U.P. And Another Counsel for Petitioner :- Satyendra Nath Srivastava Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Prakash Padia,J.
The petitioner is an association of the slum dwellers .They have formed an association namely Jhuggi Jhopari Welfare Association, which is registered under the Societies Registration Act. It is stated that the members of the Society has authorized the petitioner to move this petition as some of them are very poor and they do not have means to approach this Court by a separate writ petition.
The grievance of the petitioner is that the New Okhla Industrial Development Authority has framed a scheme for rehabilitation of the slum dwellers living within the limit of Noida Industrial Development Authority. The said scheme was introduced in the year 1984 and the applications were invited from the applicants who are living in the slums for allotment of plots initially at the rate of Rs.5,000/-. The said scheme was extended from time to time and certain conditions were changed. Now the petitioners have preferred this writ petition stating therein that they are ready to make payment of Rs.62,000/- as per the changed condition of the Noida Industrial Development Authority. In this background of the matter the petitioner has preferred this writ petition for the following reliefs-
"(i) to call for the records and to issue a writ, order or direction in the nature of mandamus commanding the respondents to re-determine the survey list of Jhuggi Jhopari Dwellers in Sector 4, Noida.
(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to decide the petitioner’s representations pending before respondent no. 2."
Our attention has been drawn to some of the orders passed by this Court in the similar set of facts and circumstances. Those orders have been brought on record.
We have heard learned counsel for the petitioner and learned Standing Counsel.
Sri Kaushlendra Nath Singh, learned Advocate has accepted notice on behalf of the first respondent- State of U.P. .
Having gone through the facts of the case, we are of the view that the grievance of the petitioner be considered by the second respondent. We find that the petitioners for redressal of their grievance have made representation to respondent no. 2. We grant them liberty to file fresh representation along with certified copy of this order and in case such a representation is made within three weeks, the same shall be considered expeditiously, preferably within a period of three months from the date of production of a certified copy of this order.
We make it clear that we have not expressed any opinion on merits of the case and the authority concern shall pass order independently, in accordance with law.
With the aforesaid directions, this writ petition stands disposed of.
Order Date :- 27.11.2018 M.A.Ansari