IN
THE COURT OF Dy. COMMISSIONER & COLLECTOR
DISTRICT SOUTH WEST,
KAPASHERA, NEW DELHI
Nehru
Academy ................................. Appellant
Vs.
Gaon
Sabha Amberhai ................................. Respondent
Shobha
Rani
Sharma .................................. Appellant
Vs.
Gaon
Sabha Amberhai .................................. Respondent
JUDGEMENT
This
shall dispose of the two appeals dated 16/04/2003 filed by the
appellants herein above against the orders of the SDM/RA (Vasant
Vihar) dated 17/03/2003 issued under section 85 of the DLR Act, 1954
in Case No.402/RA/2001 & and order of ejectment u/s 86A in case
No. SDM/VV/32/RA/2002/258-260. Vide the said orders the SDM/RA has
dismissed the application u/s 85 and ordered for ejectment of the
appellant hereinabove (respondent therein) from the Gaon Sabha land
bearing Khasra No. 25/16 (4-16) & 25/17 (4-16) of village
Amberhai. Aggrieved by the said order the appellants have preferred
the appeals before this Court.
The
case of the appellant is that the appellant society is a registered
society engaged in educational activities running a school at
Vashishta Park, Pankha Road, New Delhi and another school at village
Amberhai on the said property on Khasra No. 25/16 (4-10) & 25/17
(0-10) under the name and style of Nehru Academy. It is submitted
that the said school became operational on the said land in the year
1988-89 and at that time the land under the occupation of the school
was purchased from its erstwhile owner/bhoomidhar for consideration
but later on it was found that the land was acquired land in respect
of which no purchase/sale could have taken place. The management thus
felt itself deceived and intimated the authorities for the same and
requested them to allot this piece of land itself on payment. That
after a long drawn correspondence, the school was allowed to run on
the suit land vide letter no. F.33(101)/P/85/N/1969 dated 12/05/1989
issued by Additional District Magistrate cum Director (P), Delhi
Administration.
That
the appellant also filed a civil writ petition in the Hon'ble High
Court of Delhi being the civil writ petition no. 3102/98 for the
allotment of the land on regular basis and the said writ petition was
also disposed by the Hon'ble High Court of Delhi giving the
directions to the respondents that the case for regular allotment be
considered. That the Revenue record pertaining to the said land for
the year 1990-91, 1991-92, 1992-93 reflects that the school was
functioning. That the revenue Deptt. filed a petition under section
85 of DLR Act and proceedings remained pending for quite a long time
and no effective proceedings ever took place and suddenly and
abruptly vide order dated 17/03/2003 the petition was dismissed by a
non speaking order and without considering the material available on
the record and without considering the revenue record.
The
case of the respondent is that the appellant is admitting the
encroachment on Gaon Sabha land since long and if he has been duped
by the vendor/erstwhile owner/bhoomidhar, he can proceed against him
under relevant criminal proceedings.
After
hearing the parties and perusing the material on record it has been
observed, that the letter No. F.33(101)/P/85/N/1969 dated 12/05/1989
issued by Additional District Magistrate cum Director (P), Delhi
Administration referred to by the appellant in his appeal is
regarding temporary permission and does not entitle the appellant for
continuous encroachment on the said land on permanent basis. Also the
said permission of the ADM is prima facie without any authority from
the Govt. and therefore it lacks any legal sanctity. This is evident
from the order dated 23/4/2002 of the Hon. High Court in case 3102/98
referred to by the appellant in his appeal whereby the Hon. Court has
not said anything about the said letter of the ADM and directed the
respondent to take decision on the representation of the appellant.
Further, contrary to the assertion of the appellant the said order of
the Hon. High Court is nowhere a direction for considering his case
for regular allotment. Also the contention of the appellant that he
was sold some other land but given possession of the suit land and
thus duped by the vendor/erstwhile owner/bhoomidhar entitles him for
regular allotment of the suit land is untenable because in such a
case he has an option to proceed against him under relevant criminal
proceedings. In fact allowing allotments on such grounds will be a
dangerous precedent which may start a wrong trend. Lastly, the
appellant has been encroaching upon the Gaon Sabha land
since a very
long time and very strangely continue to do so even today using
various tactics. This is the situation foreseen by the Hon Supreme
Court in the judgement passed in Jagpal Singh
& Ors Vs. State of Punjab and Ors
in Civil Appeal No. 1132/2011 and SLP (c) No. 3109/2011 and therefore
emphasized that the encroachers and illegal occupants on the Gram
Sabha land needs to be evicted and the Gram Sabha land
needs to
be retrieved and restored to the Gram Sabha. Hence the
order
ORDER
In
view of the observations made in the judgement the appeal of the
appellant hereinabove filed u/s 185 DLR
Act, 1954 against the orders of the SDM/RA (Vasant Vihar) dated
17/03/2003 issued u/s 85 of the DLR Act. 1954 in Case No.402/RA/2001
& and order of ejectment u/s 86A in case No.
SDM/VV/32/RA/2002/258-260 in respect of the Gaon Sabha land bearing
Khasra No. 25/16 (4-16) & 25/17 (4-16) of village Amberhai is
devoid of merits. Accordingly, the
orders
of the SD
/RA
are upheld and the appeals are dismissed
with the
directions to the SDM/RA (Vasant Vihar) and BDO (South West) to take
further necessary action in a time bound manner.
Given
under my hand and seal of this court on this 4th
day
of July, 2012
Vikas
Anand, IAS
Dy.
Commissioner &
Collector
Copy
to:
1.
SDM, Najafgarh
2.
BDO, South West
3.
Both the Parties
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