Synopsis of SLP filed in the Supreme Court, heard in the Court on May 09
That this Special Leave Petition is directed against the interlocutory order passed by the Hon’ble High Court of Delhi vide which the Hon’ble High Court, without hearing the people who were going to be affected by the said order, in total contravention of their fundamental right of Right to Shelter under Article 21 of the Constitution, international conventions and also the government policy in this regard, directed the Delhi Development Authority and the Commissioner of Delhi Police to remove all the slum dwellers from Nangla Machi slum without waiting for their proper resettlement/relocation.
Nangla Machi is a slum cluster which is situated at ‘T’ junction from Bhairo Marg, Pragati Maidan going towards Noida on the left side of the Ring Road since late 1970s. Most of the residents of the said slum are mainly landless dalit labourers, who have come to Delhi from states like Bihar, U.P. in search of their livelihoods as neither they were having lands on which their family could survive nor there were any work opportunity in their respective villages. Now in Delhi, most of them are earning their livelihood as daily wage workers, rickshaw pullers, gardeners, street vendors etc. Thus, they are very poor, earning Rs. 2000-3000 per month, and they have to run a family comprising, on an average, of five members on such meager income. Further, in these conditions, they just cannot afford any house or room on rent in a city like Delhi and have no option but to live in jhuggi clusters.
It is submitted that in the last few decades, on account of the pressure on agricultural land and lack of employment opportunities in the rural areas, a large number of people have been forced to migrate to cities, especially large cities like Delhi. However, in cities, their slender means as well as no access to legal housing compel them to adopt one of the existing Jhuggi clusters for shelter or even a start new one. These Jhuggi dwellers constitute a major chunk of the total population of the city. They supply the major work force, from manual jobs both in the domestic and commercial fields to most skilled jobs in the industrial sectors, making a significant contribution to the economic life of the city. Thus they are essential element in the city’s overall life and are as useful for its proper and orderly functioning as any other segment of its population. Despite the fact that their existence is crucial for the existence of any city, they have always been treated shabbily by the authorities.
It is further submitted that our constitution guarantees the citizens of this country a fundamental right of right to life, a right which cannot be exercised without proper place to live. The right to life will be only illusory without a right to shelter. The State is thus under obligation to provide citizens the necessities of life and in appropriate cases the courts have power to issue orders directing the State; by affirmative action, to promote and protect the right to life. The Hon’ble Supreme Court in number of cases has held that right to shelter is a part of right to life and personal liberty enshrined in Article 21 of the Constitution. Moreover, the demolition of the shelters of the citizens without ensuring proper alternative arrangement to live is not only in violation of the constitutionally guaranteed fundamental rights but also of the State’s international obligations like Universal declaration of Human Rights, International Covenants of Economic, Social and Cultural Rights. Further, throwing poor and helpless people along with their families on roads is definitely against the basic tenets of democracy and therefore, allowing the same to happen in a democratic country like India is simply unacceptable. Besides, consistent with the abovementioned obligations, there is a Government policy of the Delhi Government for relocation of JJ clusters in Delhi, which was framed with the approval of the Central Government. The said scheme says that those who established their Jhuggies before 31.01.1990 are entitled to a plot of 18 sq. meters while others who put these up between 01.02.1990 to 31.12.1998 would get plots of 12.5 sq. meters each. It is submitted that all the petitioners and many other slum dwellers of Nangla Machi are having residential proofs of pre 1998 and thus, they are fully covered under the said policy.
However, the Hon’ble High Court without appreciating the aforementioned laws as well as facts in proper light passed an order of demolition of all the jhuggis of the said site without ensuring their any resettlement/relocation. It is submitted that the impugned order not only was passed in total violation of the principles of natural justice, it has also seriously jeopardized the human rights as well as fundamental rights of the residents of the said slum.
1979 -1998
The Petitioners, who came to reside at Nangla Machi which is a Jhuggi colony off ring road near Pragati Maidan, are poor slum dwellers. Some of them, who are male members, are earning their livelihood as daily wage workers, rickshaw pullers, barbers etc. They are mainly landless dalit laboureres, who have come to Delhi for earning their livelihoods as there was no work opportunity in their respective villages. Thus, they are very poor, earning Rs. 2000-3000 per month, and running a family comprising, on an average, of five members on such meager income. Rest of the Petitioners are women residents of Nangla Machi who along with their children are totally dependent on the meager income of their husbands. Their husbands are also working as daily wage laborers, rickshaw pullers etc. These Petitioners like other slum dwellers of the said site just cannot afford any house or room on rent in a city like Delhi and have no option but to live in jhuggi clusters. All the Petitioners are having documents like ration cards, voters identity cards etc. as residential proofs. It is submitted that the Nangla Machi jhuggi colony is in existence since the late 1970s. Nanglamachi has three parts namely Devinagar, Kali Mata basti, and Santnagar. The oldest group of houses is in Devinagar, followed by Kali Mata basti which came up in 1990 and last was Santnagar, which came up in 1998. There are a primary school of Municipal Corporation as well as a dispensary financially supported by Slum & JJ department in Nangla Machi. At present, after the first stage of demolition, which took place in pursuant to the direction of the Hon’ble High Court of 1st March 2006, the population of the said slum is about 25,000-30,000. Now, most of the residents, who are still left in the said village, are having resident proofs like ration cards, voter identity cards of before 1998. These residential proofs clearly show that the said slum is in existence for over twenty five years.
01.04.2000
The Delhi Government, with the approval of the Central Government, came up with Rehabilitation and Improvement Scheme for Jhuggi clusters in Delhi. The said scheme, which came into effect from 01.04.2000, has a cut off date of 31.12.1998 for entitlements to benefits on relocation of jhuggies from the present sites. Though the said scheme was set aside by the Hon’ble High Court vide its order dated 29.11.02 passed in Civil Writ Petition No. 4441 of 1994 but this Hon’ble Court vide its orders dated 19.02.2003 and 03.03.2003 passed in SLP ( C) No. 3166-3167 of 2003 stayed the said order of the Hon’ble High Court. Thus, the said policy is still operative today. As per this policy, those who established their Jhuggies before 31.01.1990 are entitled to a plot of 18 sq. meters while others who put these up between 01.02.1990 to 31.12.1998 would get plots of 12.5 sq. meters each. This policy also says that land for the purpose of relocation will be acquired at the sites identified by the DDA /NCR in small pockets near existing residential areas so that cost of provision of peripheral services is minimized. Further, land pockets in NCR well connected with the transport system should also be utilized for relocation of JJ dwellers in Delhi. Jhuggies that came up after 31.12.1998 will be removed without any consequential benefit. The Scheme envisages:
1. The eligibility with respect to the cut-off date of 31.12.1998 would be established from Ration Cards issued prior to that date plus the names of the allottees must also figure in the notified voters list as on 31.12.1998.
2. That the relocation will largely be financed by the land owing authority and the Delhi Government. A contribution of Rs. 7000 would also be collected from a Jhuggi dweller before allotting him the new site. The Slum department of the Delhi Municipal Corporation will be the executing agency.
3. Prior to the relocation and payment of the subsidy by the land owing agency and the Delhi Government, a survey of the Jhuggi clusteres will be carried out by the DC of the Revenue District, jointly with the land owning agency and the executing agency. The figure of Jhuggies, to be relocated would be determined on the basis of this survey keeping in view the eligibility criteria.
4. That a Steering Committee would be set up under the Chairmanship of the Chief Secretary, Delhi Government for identifying and prioritizing clusters to be shifted, shifting of identified clusters and for monitoring the execution of each project.
The Scheme further envisages:
1. That there will not be any large scale relocations of Jhuggies from their existing locations and that relocation would not be resorted to without any specific use of cleared site.
2. Major emphasis in the scheme is on the in-situ upgradation and improvement of the Jhuggi clusters through realignment of plots, widening of roads and strengthening of all the relevant basic facilities.
3. Independent of the above two alternatives, improvement within the existing Jhuggi clusters will be carried out under the Scheme Environmental Improvement in Urban Schemes (EIUS). Under this Scheme, certain basic amenities such s drainage, common water hydrants, toilets-cum-community bath rooms, street lighting, pavements etc., are to be made available in all the existing clusters till they are upgraded/relocated.
01.02.2006 It is submitted that even as per a joint survey conducted by the Slum & JJ department and IPGCL, as apparent from the affidavit dated 01.02.2006 filed by S&JJ before this Hon’ble Court, there were 917 households in Nangla Machi which were eligible for the aforementioned relocation policy. Copy of the affidavit filed by S&JJ department dated 01.02.2006 is annexed hereto as Annexure P1.
01.03.2006
The Hon’ble Delhi High Court in a WP (C) N0. 3419/1999, titled Sh. Hemraj vs. Commissioner of Police and ors., passed an order directing removal of all the jhuggis at Nangla Machi, as per the list submitted by the Slum & JJ Wing of MCD before it. The said direction was with regard to those jhuggi dwellers who have no documents, jhuggis which were found locked and other constructions like Masjid, Madarsa, Church, Dispensary, NGO office etc. It is submitted that the said order was passed without hearing the people of Nangla Machi as they were not parties in the said writ petition. Obviously, they were totally unaware of any such direction of the Hon’ble High Court. In this regard it may be mentioned here that in the last survey which was conducted in July 2005 by the Slum and JJ department along with the IPGCL, several houses, which were locked at the time of survey as the residents were away on their work, were marked as NDS i.e. no documents. It may be further mentioned that though initially only Respondent Nos. 1 to 3 were parties but the Hon’ble High Court time to time issued directions to MCD, NDMC, Govt. of NCT Delhi, BSES, DDA, Slum and JJ department but amended memo of parties was not filed before the Hon’ble High Court. However, all the aforementioned parties were being represented through their respective counsels. Copy of the order dated 01.03.2006 passed by the Hon’ble High Court is annexed hereto as Annexure P2.
25.03.2006
Some personnel of the slum and JJ Cluster Department came to Nangla Machi and surveyed the entire area and made some demarcations on certain dwellings without informing the poor residents of the said area as to why they were carrying out the survey.
29.03.2006
On 29th March, the people of Nangla Machi were completely shocked to find that MCD, DDA and Slum & JJ department accompanied by large contingent of police as well as Para military personnel came armed with bulldozers and started demolishing certain dwellings. It was then the people of the said area came to know about the order dated 01.03.2006 of the Hon’ble High Court. Thus, no prior notice was given to the people of Nangla Machi by the concerned authority before undertaking the first phase of demolition which started on 29th March 2006 in pursuant to the order dated 01.03.2006 of this Hon’ble Court. Therefore, the people were totally unaware and some of them were not even present at the time of demolition and thus, their houses were demolished in their absence. In many cases, even the houses of those local residents, who were having valid documents, were marked NDS i.e. no documents.
04.04.2006 The Additional Commissioner of Slum & JJ wing of MCD filed an inquiry report before the Hon’ble High Court in the abovementioned writ petition with regard to the land in question. As per the said report, the said land originally belonged to DDA and in 1985 it was handed over to the then DESU/DVB. DDA has taken stand that when it handed over the said land to DESU, it was a vacant land. Though, it is factually not correct as apparent from the residential proofs of two of the residents of the said area of 1979 [kindly see Annexure P3(Colly)]. This report also makes it clear that no authority is willing to take up the responsibility of resettlement of the jhuggi dwellers of Nangl machi. Every department is shirking responsibility on another department. As per the said Inquiry Report, in September 1993, a joint survey was conducted by S&JJ department with DESU and a Demand Note for Rs. 32,77,000/- for relocating 113 eligible jhuggi-dwellers was sent to DDA. However, DDA did not pay the said relocation charges saying that the responsibility for the rehabilitation of these jhuggi dwellers was of DESU. DESU/DVB says that they have no land; in fact, they themselves have taken the said land from DDA, so obviously they cannot be expected to rehabilitate such a large number of slum dwellers. NDMC says that they have no role to play regarding the said slum as the said area is out of their jurisdiction and further they have never relocated any people at the said site. Copy of the inquiry report dated 04.04.06 is annexed hereto as Annexure P3.
05.04.2006 The Hon’ble High Court passed another order in the aforementioned Writ Petition directing the DDA and the Commissioner of Delhi Police to remove all the remaining jhuggis from Nangla Machi and if the people of said slum were entitled for any relocation, then that entitlement would be seen by the authority concerned. However the order directed that the removal would not wait for relocation.
The impugned order was passed in gross violation of the principle of natural justice as before passing the said order no opportunity of hearing was given to the local residents of Nangla Machi.
The Hon’ble High Court by passing the impugned order without following the due procedure established by law as mandated by Article 21 of the Constitution negated the fundamental right of Right to Shelter of poor people of Nangla Machi.
The Hon’ble High Court also failed to appreciate that the demolition of the shelters of the poor people without ensuring proper alternative arrangement to live is not only in violation of their constitutionally guaranteed fundamental rights but also of various international conventions like Universal declaration of Human Rights, International Covenants of Economic, Social and Cultural Rights.
The Hon’ble High Court also erred in not appreciating that most of the residents of Nangla Machi are fully covered under the government policy of resettlement, however no authority is willing to take up the responsibility of their resettlement as apparent from the stands taken by them before the Hon’ble High Court.
26.04.2006 Hence, the instant Special Leave Petition.
It is submitted that in the last few decades, on account of the pressure on agricultural land and lack of employment opportunities in the rural areas, a large number of people have been forced to migrate to cities, especially large cities like Delhi. However, in cities, their slender means as well as no access to legal housing compel them to adopt one of the existing Jhuggi clusters for shelter or even a start new one. These Jhuggi dwellers constitute a major chunk of the total population of the city. They supply the major work force, from manual jobs both in the domestic and commercial fields to most skilled jobs in the industrial sectors, making a significant contribution to the economic life of the city. Thus they are essential element in the city’s overall life and are as useful for its proper and orderly functioning as any other segment of its population. Despite the fact that their existence is crucial for the existence of any city, they have always been treated shabbily by the authorities.
It is further submitted that our constitution guarantees the citizens of this country a fundamental right of right to life, a right which cannot be exercised without proper place to live. The right to life will be only illusory without a right to shelter. The State is thus under obligation to provide citizens the necessities of life and in appropriate cases the courts have power to issue orders directing the State; by affirmative action, to promote and protect the right to life. The Hon’ble Supreme Court in number of cases has held that right to shelter is a part of right to life and personal liberty enshrined in Article 21 of the Constitution. Moreover, the demolition of the shelters of the citizens without ensuring proper alternative arrangement to live is not only in violation of the constitutionally guaranteed fundamental rights but also of the State’s international obligations like Universal declaration of Human Rights, International Covenants of Economic, Social and Cultural Rights. Further, throwing poor and helpless people along with their families on roads is definitely against the basic tenets of democracy and therefore, allowing the same to happen in a democratic country like India is simply unacceptable. Besides, consistent with the abovementioned obligations, there is a Government policy of the Delhi Government for relocation of JJ clusters in Delhi, which was framed with the approval of the Central Government. The said scheme says that those who established their Jhuggies before 31.01.1990 are entitled to a plot of 18 sq. meters while others who put these up between 01.02.1990 to 31.12.1998 would get plots of 12.5 sq. meters each. It is submitted that all the petitioners and many other slum dwellers of Nangla Machi are having residential proofs of pre 1998 and thus, they are fully covered under the said policy.
However, the Hon’ble High Court without appreciating the aforementioned laws as well as facts in proper light passed an order of demolition of all the jhuggis of the said site without ensuring their any resettlement/relocation. It is submitted that the impugned order not only was passed in total violation of the principles of natural justice, it has also seriously jeopardized the human rights as well as fundamental rights of the residents of the said slum.
1979 -1998
The Petitioners, who came to reside at Nangla Machi which is a Jhuggi colony off ring road near Pragati Maidan, are poor slum dwellers. Some of them, who are male members, are earning their livelihood as daily wage workers, rickshaw pullers, barbers etc. They are mainly landless dalit laboureres, who have come to Delhi for earning their livelihoods as there was no work opportunity in their respective villages. Thus, they are very poor, earning Rs. 2000-3000 per month, and running a family comprising, on an average, of five members on such meager income. Rest of the Petitioners are women residents of Nangla Machi who along with their children are totally dependent on the meager income of their husbands. Their husbands are also working as daily wage laborers, rickshaw pullers etc. These Petitioners like other slum dwellers of the said site just cannot afford any house or room on rent in a city like Delhi and have no option but to live in jhuggi clusters. All the Petitioners are having documents like ration cards, voters identity cards etc. as residential proofs. It is submitted that the Nangla Machi jhuggi colony is in existence since the late 1970s. Nanglamachi has three parts namely Devinagar, Kali Mata basti, and Santnagar. The oldest group of houses is in Devinagar, followed by Kali Mata basti which came up in 1990 and last was Santnagar, which came up in 1998. There are a primary school of Municipal Corporation as well as a dispensary financially supported by Slum & JJ department in Nangla Machi. At present, after the first stage of demolition, which took place in pursuant to the direction of the Hon’ble High Court of 1st March 2006, the population of the said slum is about 25,000-30,000. Now, most of the residents, who are still left in the said village, are having resident proofs like ration cards, voter identity cards of before 1998. These residential proofs clearly show that the said slum is in existence for over twenty five years.
01.04.2000
The Delhi Government, with the approval of the Central Government, came up with Rehabilitation and Improvement Scheme for Jhuggi clusters in Delhi. The said scheme, which came into effect from 01.04.2000, has a cut off date of 31.12.1998 for entitlements to benefits on relocation of jhuggies from the present sites. Though the said scheme was set aside by the Hon’ble High Court vide its order dated 29.11.02 passed in Civil Writ Petition No. 4441 of 1994 but this Hon’ble Court vide its orders dated 19.02.2003 and 03.03.2003 passed in SLP ( C) No. 3166-3167 of 2003 stayed the said order of the Hon’ble High Court. Thus, the said policy is still operative today. As per this policy, those who established their Jhuggies before 31.01.1990 are entitled to a plot of 18 sq. meters while others who put these up between 01.02.1990 to 31.12.1998 would get plots of 12.5 sq. meters each. This policy also says that land for the purpose of relocation will be acquired at the sites identified by the DDA /NCR in small pockets near existing residential areas so that cost of provision of peripheral services is minimized. Further, land pockets in NCR well connected with the transport system should also be utilized for relocation of JJ dwellers in Delhi. Jhuggies that came up after 31.12.1998 will be removed without any consequential benefit. The Scheme envisages:
1. The eligibility with respect to the cut-off date of 31.12.1998 would be established from Ration Cards issued prior to that date plus the names of the allottees must also figure in the notified voters list as on 31.12.1998.
2. That the relocation will largely be financed by the land owing authority and the Delhi Government. A contribution of Rs. 7000 would also be collected from a Jhuggi dweller before allotting him the new site. The Slum department of the Delhi Municipal Corporation will be the executing agency.
3. Prior to the relocation and payment of the subsidy by the land owing agency and the Delhi Government, a survey of the Jhuggi clusteres will be carried out by the DC of the Revenue District, jointly with the land owning agency and the executing agency. The figure of Jhuggies, to be relocated would be determined on the basis of this survey keeping in view the eligibility criteria.
4. That a Steering Committee would be set up under the Chairmanship of the Chief Secretary, Delhi Government for identifying and prioritizing clusters to be shifted, shifting of identified clusters and for monitoring the execution of each project.
The Scheme further envisages:
1. That there will not be any large scale relocations of Jhuggies from their existing locations and that relocation would not be resorted to without any specific use of cleared site.
2. Major emphasis in the scheme is on the in-situ upgradation and improvement of the Jhuggi clusters through realignment of plots, widening of roads and strengthening of all the relevant basic facilities.
3. Independent of the above two alternatives, improvement within the existing Jhuggi clusters will be carried out under the Scheme Environmental Improvement in Urban Schemes (EIUS). Under this Scheme, certain basic amenities such s drainage, common water hydrants, toilets-cum-community bath rooms, street lighting, pavements etc., are to be made available in all the existing clusters till they are upgraded/relocated.
01.02.2006 It is submitted that even as per a joint survey conducted by the Slum & JJ department and IPGCL, as apparent from the affidavit dated 01.02.2006 filed by S&JJ before this Hon’ble Court, there were 917 households in Nangla Machi which were eligible for the aforementioned relocation policy. Copy of the affidavit filed by S&JJ department dated 01.02.2006 is annexed hereto as Annexure P1.
01.03.2006
The Hon’ble Delhi High Court in a WP (C) N0. 3419/1999, titled Sh. Hemraj vs. Commissioner of Police and ors., passed an order directing removal of all the jhuggis at Nangla Machi, as per the list submitted by the Slum & JJ Wing of MCD before it. The said direction was with regard to those jhuggi dwellers who have no documents, jhuggis which were found locked and other constructions like Masjid, Madarsa, Church, Dispensary, NGO office etc. It is submitted that the said order was passed without hearing the people of Nangla Machi as they were not parties in the said writ petition. Obviously, they were totally unaware of any such direction of the Hon’ble High Court. In this regard it may be mentioned here that in the last survey which was conducted in July 2005 by the Slum and JJ department along with the IPGCL, several houses, which were locked at the time of survey as the residents were away on their work, were marked as NDS i.e. no documents. It may be further mentioned that though initially only Respondent Nos. 1 to 3 were parties but the Hon’ble High Court time to time issued directions to MCD, NDMC, Govt. of NCT Delhi, BSES, DDA, Slum and JJ department but amended memo of parties was not filed before the Hon’ble High Court. However, all the aforementioned parties were being represented through their respective counsels. Copy of the order dated 01.03.2006 passed by the Hon’ble High Court is annexed hereto as Annexure P2.
25.03.2006
Some personnel of the slum and JJ Cluster Department came to Nangla Machi and surveyed the entire area and made some demarcations on certain dwellings without informing the poor residents of the said area as to why they were carrying out the survey.
29.03.2006
On 29th March, the people of Nangla Machi were completely shocked to find that MCD, DDA and Slum & JJ department accompanied by large contingent of police as well as Para military personnel came armed with bulldozers and started demolishing certain dwellings. It was then the people of the said area came to know about the order dated 01.03.2006 of the Hon’ble High Court. Thus, no prior notice was given to the people of Nangla Machi by the concerned authority before undertaking the first phase of demolition which started on 29th March 2006 in pursuant to the order dated 01.03.2006 of this Hon’ble Court. Therefore, the people were totally unaware and some of them were not even present at the time of demolition and thus, their houses were demolished in their absence. In many cases, even the houses of those local residents, who were having valid documents, were marked NDS i.e. no documents.
04.04.2006 The Additional Commissioner of Slum & JJ wing of MCD filed an inquiry report before the Hon’ble High Court in the abovementioned writ petition with regard to the land in question. As per the said report, the said land originally belonged to DDA and in 1985 it was handed over to the then DESU/DVB. DDA has taken stand that when it handed over the said land to DESU, it was a vacant land. Though, it is factually not correct as apparent from the residential proofs of two of the residents of the said area of 1979 [kindly see Annexure P3(Colly)]. This report also makes it clear that no authority is willing to take up the responsibility of resettlement of the jhuggi dwellers of Nangl machi. Every department is shirking responsibility on another department. As per the said Inquiry Report, in September 1993, a joint survey was conducted by S&JJ department with DESU and a Demand Note for Rs. 32,77,000/- for relocating 113 eligible jhuggi-dwellers was sent to DDA. However, DDA did not pay the said relocation charges saying that the responsibility for the rehabilitation of these jhuggi dwellers was of DESU. DESU/DVB says that they have no land; in fact, they themselves have taken the said land from DDA, so obviously they cannot be expected to rehabilitate such a large number of slum dwellers. NDMC says that they have no role to play regarding the said slum as the said area is out of their jurisdiction and further they have never relocated any people at the said site. Copy of the inquiry report dated 04.04.06 is annexed hereto as Annexure P3.
05.04.2006 The Hon’ble High Court passed another order in the aforementioned Writ Petition directing the DDA and the Commissioner of Delhi Police to remove all the remaining jhuggis from Nangla Machi and if the people of said slum were entitled for any relocation, then that entitlement would be seen by the authority concerned. However the order directed that the removal would not wait for relocation.
The impugned order was passed in gross violation of the principle of natural justice as before passing the said order no opportunity of hearing was given to the local residents of Nangla Machi.
The Hon’ble High Court by passing the impugned order without following the due procedure established by law as mandated by Article 21 of the Constitution negated the fundamental right of Right to Shelter of poor people of Nangla Machi.
The Hon’ble High Court also failed to appreciate that the demolition of the shelters of the poor people without ensuring proper alternative arrangement to live is not only in violation of their constitutionally guaranteed fundamental rights but also of various international conventions like Universal declaration of Human Rights, International Covenants of Economic, Social and Cultural Rights.
The Hon’ble High Court also erred in not appreciating that most of the residents of Nangla Machi are fully covered under the government policy of resettlement, however no authority is willing to take up the responsibility of their resettlement as apparent from the stands taken by them before the Hon’ble High Court.
26.04.2006 Hence, the instant Special Leave Petition.
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