HC to oversee rehab of slum dwellers in Delhi under JNNURM scheme

New Delhi: Taking note of the non-allotment of around 30,000 flats under union government’s Jawaharlal Nehru National Urban Renewal Mission Scheme (JNNURM) for rehabilitation of slum dwellers in the city, the Delhi high court has initiated a suo moto Public Interest Litigation (PIL) to look into the implementation of the scheme to be enforced by the city government

New Delhi: Taking note of the non-allotment of around 30,000 flats under union government’s Jawaharlal Nehru National Urban Renewal Mission Scheme (JNNURM) for rehabilitation of slum dwellers in the city, the Delhi high court has initiated a suo moto Public Interest Litigation (PIL) to look into the implementation of the scheme to be enforced by the city government.

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In an order of June 1, which was made available on Tuesday, Justice Prathiba M Singh said that large number of houses were either constructed or partially constructed but the same were yet to be allotted for rehabilitation of slum dwellers due lack of basic amenities such as sewage treatment, water supply, electricity connection etc.

It said that there “seems to be a lack of coordination between the various governmental agencies in terms of payment of money for the construction of the said flats to DUSIB”.

“Considering the large number of houses, which were to be constructed under the JNNURM scheme for which substantial funds have already been expended, this court is of the opinion that the process of completion of these houses ought to proceed expeditiously, so that the slum dwellers in the city of Delhi can be duly rehabilitated and can be offered these houses as per the policy framed,” the court said.

The suo moto cognizance comes while hearing a batch of petitions concerning the redevelopment of the city’s Kalkaji temple. During the course of the hearings, some jhuggi dwellers and other unauthorised occupants were found to be unauthorised occupying land in the Kalkaji Mandir premises following which the court had passed orders for their rehabilitation.

In this process, while exploring alternate accommodation for the occupants in terms of the policy of DUSIB, SDMC and DDA, the court stumbled upon a data on March 15, 2022 which said that approximately 52,000 flats, which were approved for construction under the under the JNNURM scheme of the union government, which was to be implemented by the state government, have not yet been allotted due to the delay in execution of the agreement between the two governments.

Accordingly, the court had called for a joint status report to be filed by the Secretary, Ministry of Housing and Urban Affairs, Government of India along with Chief Secretary, Delhi government after interacting with each other.

In response, a joint status report said that a total of 52,344 houses were sanctioned under 14 projects with the project cost of ₹2,415.82 crores by the MOHUPA in Delhi under JNNURM in year 2007-2012 which includes the Central share of ₹1,108.85 crores, state share of ₹992.9 crores and beneficiary share of ₹314.07 crores for providing the houses to slum dwellers/ urban poor categories at affordable cost who were eligible as per the JNNURM guidelines.

The scheme was operational during 2005-2012 and then extended till March 31, 2019 to release funds to states/ Union Territories (UTs) for completion of houses.

In the report, the union government and the city government, told the court that Centre has given its share of ₹1,074.12 crores was released to the Delhi government under the scheme, adding that houses, which remained incomplete even after March 31, 2017, were to be completed, by states/ UTs with own resources.

The report further said that out of the 35,744 completed houses, 4,833 have been allotted to the beneficiaries and 608 houses of Baprola Phase-l project have already committed for allotment, hence, 30,303 houses are vacant in Delhi.

The status report also said that Delhi government has to complete the incomplete 16,600 houses for further use as JNNURM houses which were funded until March 31, 2017, adding that the Ministry on several occasions has requested all States/ UTs including Delhi government to allot the completed houses under JNNURM to the eligible beneficiaries across the country.

“However, only 4,833 houses could be allotted to interested beneficiaries by GNCTD. Remaining about 30,300 vacant houses in Delhi were not allotted due to lack of interested eligible beneficiaries. Many of these houses need further civic amenities and retrofitting before actual occupation by beneficiaries. Almost 2080 houses may be ready to shift within 3 months while approx. 13,800 houses can be made ready to shift after required repair and provide basic amenities like sewage treatment, water supply and electricity connections in 18-24 months”.

“Approximately 14,500 houses constructed by Delhi State Industrial and Infrastructure Development Corporation (DSIIDC) need extensive repair. Delhi government is exploring budget provision for completion of incomplete houses and repair/retrofitting of otherwise completed houses,” the status report said.

Advocate Anuj Chaturvedi, appearing for DUSIB told the court that the houses which were under the control of DUSIB, have now been placed under the Affordable Rental Housing Complexes (hereinafter, “ARHC”) Scheme launched by the union government as a sub-scheme under the Pradhan Mantri Awas Yojana – Urban (PMAY-U), and the allotment of the said vacant houses is currently not permitted.

The court has now listed the matter for July 6 before the roster bench for further proceedings.