Vaishali (Minor) (Through Next Friend Mrs. Sita Devi) vs. Union Of India

ITEM NO.11

COURT NO.3

SECTION XIV

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO. 9300/2023 (Arising from Diary No.12350 of 2022)

(Arising out of impugned final judgment and order dated 19-04-2022) in LPA No. 271/2022 passed by the High Court of Delhi at New Delhi)

VAISHALI (MINOR) (THROUGH NEXT FRIEND MRS. SITA DEVI) & ORS. PETITIONER(S)

VERSUS

UNION OF INDIA & ORS.

$RESPONDENT(S)$

(FOR ADMISSION and I.R) I.A. No.61293/2022: PERMISSION TO FILE SLP WITHOUT CERTIFIED COPY OF IMPUGNED ORDER.

WITH SLP(C) No. 7393/2023 (XIV) (IA No.73132/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.73134/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Mr. Yuvraj Sharma, Adv. Mr. Amrish Kumar, AOR

Date: 02-05-2023 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MRS. JUSTICE B.V. NAGARATHNA

For Petitioner(s) Mr. Vikas Singh, Adv. Mr. Aman Panwar, Adv. Mr. Akash Panwar, Adv. Mr. Shivam Singh, Adv. Mr. Baghel, Adv. Ms. Deepika Kalia, Adv. Mr. Nitin Saluja, Adv. Mr. Harsh Gattani, Adv. Ms. Anupradha Singh, Adv. Mr. Shiyas K R, Adv. Ms. Amiy Shukla, AOR Mr. Shakti Vardhan, Adv. Mr. Nitin Saluia, AOR 🖫 Respondent(s) Mr. Sanjay Jain, A.S.G. Mr. Padmesh Mishra, Adv. Mr. Arkaj Kumar, Adv.

Mr. Navanjay Mahapatra, Adv. Ms. Tanya Aggarwal, Adv. Mr. Ajay Vikram Singh, AOR Mrs. Priyanka Singh, Adv. Mr. Pankaj, Adv. Mr. Pankaj Kumar, Adv. Mr. Omkar, Adv. Mr. Shubham Singh, Adv.

Ms. T. Archana, AOR

UPON hearing the counsel the Court made the following O R D E R

PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO.9300/2023

Application (I.A. No.61293/2022) for permission to file special leave petition without certified copy of impugned order is allowed.

**After hearing Mr. Vikas Singh, learned senior counsel appearing on behalf of the petitioners, Mr. Sanjay Jain, learned Additional Solicitor General appearing on behalf of the respondent-Union of India and learned counsel appearing on behalf of the respondent No.2-**DUSIB, we do not think that the petitioners have made out a case for interference with the impugned order.

At the same time, taking note of the humanitarian problem which goes to the destiny of 136 families which have been identified in the affidavit dated 01.12.2022 filed by the respondents, we should exercise powers available to the Court under Article 142 of the Constitution of India and pass the following order.

1. We affirm the impugned order of the High Court.

2. We further give time till 31.05.2023 for the families represented by the petitioners to vacate the premise in question. We direct in the interest of justice that at the time of vacating the premise in question which means on or before 31.05.2023, the respondent No.1 through Land and Development Office will pay a sum of Rs.3,00,000/- (Rupees Three Lakh) to each of the families. In order to facilitate the payment of the amount to the members of the families represented by the petitioners, within a period of ten (10) days from today, they shall nominate a person who is authorised to receive the amount of Rs.3,00,000/- (Rupees Three Lakh) to the respondent No.1 along with bank details. In other words by 31.05.2023, the amount should be paid as aforesaid. Equally time is granted till 31.05.2023 for the families to continue at the present premises in question.

3. Since it is pointed out that there are other accommodation which is available under the schemes for persons like the petitioners, if the petitioners make application in regard to the same under the same to the concerned Competent Authority, who will take decision based on eligibility and in accordance with law. Needless to say, any such application will be considered with sympathy that the applicants deserve.

We make it clear that this Court will not entertain any application for extension of time after 31.05.2023

We have passed the above order in the facts and circumstances of this case.

The special leave petition is disposed of. Pending application(s), if any, stand disposed of.

3

SLP(C) No. 7393/2023

List the matter on 09.05.2023.

(JAGDISH KUMAR) (RENU KAPOOR)

COURT MASTER (SH) ASSISTANT REGISTRAR