1. By this petition, filed under the provisions of Articles 226/227 of the Constitution of India, the petitioners have prayed for issuance of a writ in the nature of certiorari, quashing the impugned notice dated 03.05.2022 (Annexure P-1) stated to be illegal, arbitrary, unreasonable and therefore in violation of Article 14, 19 and 21 of Constitution of India, besides being in violation of the policy dated 06.11.2006 (Annexure P-3). The petitioners have further prayed for directions restraining respondents No.1 and 2 from evicting the petitioners from their houses/jhuggis in Janta Colony, Sector 25-D, Chandigarh, during pendency of this petition.
2. The petitioners have further prayed for issuance of a writ in the nature of mandamus seeking directions to the respondents to make arrangements for alternative accommodations for the petitioners in view of the policies Annexures P-3, P-4 and P-7, in view of the judgment of the Supreme Court, with such eviction rendering slum dwellers homeless.
3. Learned counsel for the petitioners, at the outset, points to a scheme known as the Pradhan Mantri Awas Yojana (copy Annexure P-7) and points to clauses 4 and 4.1 thereof, which read as follows:-
“4. “In-situ” Slum Redevelopment using land as Resource
“In-situ” slum rehabilitation using land as a resource with private participation for providing houses to eligible slum dwellers is an important component of the “Housing for All” mission. This approach aims to leverage the locked potential of land under slums to provide houses to the eligible slum dwellers bringing them into the formal urban settlement.
4.1 Slums, whether on Central Government land/State Government land/ULB land, Private Land, should be taken up for “In-situ” redevelopment for providing houses to all eligible slum dwellers. Slums so redeveloped should compulsorily be denotified.”
He further points to clause 4.6 which states as follows:-
“4.6 Eligibility of the slum dwellers like cut off date etc. will be decided by States/UTs preferably through legislation”.
4. Upon a query to learned counsel appearing for the respondentUT, Chandigarh, as to whether the petitioners' case has been considered under the said Scheme, he submits that the petitioners' eligibility was considered under the Small Flats Scheme, 2006, and they were not found to be eligible.
5. He also refers to an order passed by a co-ordinate Bench of this Court in CWP No.12762 of 2016 which is stated to be by way of a Public Interest Litigation, with him submitting that the Bench has not interfered in the matter.
6. Upon a query to him as to whether the aforesaid Pradhan Mantri Awas Yojana of 2015 is also subject matter of that petition, he fairly submits that it is not.
7. If that is so, we do not see how citing a scheme of the year 2006 and a petition in which the aforesaid Pradhan Mantri Awas Yojana of 2015 is not even an issue, can even vaguely determine the case of the petitioners.
8. The competent authority not less in rank than the Secretary, Housing and Urban Development (by whatever nomenclature the person so concerned is designated), shall file his own affidavit in reply to each paragarh of the petition, also stating as to whether or not the petitioners are covered by the eligibility conditions set down under the provisions of the aforesaid Pradhan Mantri Awas Yojana, 2015 or not; and if not, detailed reasons for that.
9. Adjourned to 01.06.2022.
10. In the meantime, in view of what was contained in clause 4 of the aforesaid Scheme, the colony in which the petitioners are residing shall not be demolished till the next date of hearing.
11. A copy of this order be given to counsel for the parties under the signatures of Court Secretary, with counsel for the U.T. Chandigarh directed to convey this order telephonically to the Advisor to the Administrator, U.T. Chandigarh, as also the Secretary aforesaid, and the Deputy Commissioner, Chandigarh.
