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IN THE HIGH COURT OF DELHI
W.P. (C) 5823/2013 & CM Appl.
12824/2013
Decided On: 13.09.2013
Appellants: Khushi Ram
Vs. Respondent: State
Hon'ble Judges/Coram:
Manmohan, J.
Counsels:
For Appellant/Petitioner/Plaintiff: Mr. Pushpender Singh Dahiya, Adv.
For
Respondents/Defendant: Ms. Ferida
Satarawala, Adv.
Subject: Property
Disposition:
Petition dismissed
Case Note:
Property - Maintainability of petition - Whether petition petition seeking stay of ejectment order was maintainable or not - Held, no document had been placed on record to show that Petitioner had been declared to either be a Bhumidhar or a person in adverse possession - No document showing allocation of land to S had been placed on record - Petition dismissed.
JUDGMENT
Manmohan, J.
1. Present writ petition has been
filed primarily seeking stay of the ejectment order dated 16th April, 2013
passed by the Revenue Assistant with regard to the land in Khasra No. 37/16
situated in the Revenue Estate of Village Mubarakpur Dabas, Delhi. Since the
impugned order is short one, the same is reproduced herein below:
The proceedings in the case were
initiated against the respondents for occupying Gram Sabha land and
restrained orders were issued on 17/6/2011 to the respondents for not making
unauthorized constructions on Gram Sabha land in khasra nos. 37/16 (1-01),
Mubarakpur Dabas. It was also indicated in the restrained order that
respondent will file fresh petition which will be disposed off within three
months of the receipt of petition as per orders of Hon'ble High Court in the
case of Nafe Singh & Ors. V/s. GNCT of Delhi & Ors.
In response to the above order
respondents appeared before my predecessor and undersigned from time to time
and submitted written submission in this regard. During proceedings Sh. S.K.
Sangwan, counsel for Gram Sabha filed written submission claiming the land as
reserved for kabristan by the Gram Sabha. Sh. S. Chaturvedi Advocate for
respondent no. 5 objected to the nature of land and stated that status land
is Khatte for garbage pit belonging to the proprietors of the village and
also stated that there is a notification issued by Secretary Revenue, Delhi
in this regard. Asked to file the documentary evidence in support of his
claim, Sh. Chaturvedi filed a copy of khatoni for the year 1964-65 to 1968-69
in Urdu translated copy in English claiming that land was owned by Sh. Nafe
Singh & Ors. On perusal of khatoni it was seen that 37/16(1-01) was
indicated as 'Gair Mumkin Gadde'. Copy of notification as claimed above was
not filed. In the hearing on 8.4.2013 Sh. Chaturvedi has not filed any
written statement or documentary evidence in support of his claim and stated
that he has already confirmed no concern with the khasra no. 37/16(1-01) as
such there is no requirement of filing of such statement/documentary evidence.
The other respondent in the case has already confirmed the same facts that
they have no concern with the land in khasra no. 37/16 (1-01).
Further in the restrained order
dated 17/6/2011, petitioners in the case of Nafe Singh and Ors. were directed
to file fresh petition to dispose the same within three months of the filing
of petition. From the record it reveals that the fresh petition is not filed
yet.
In view of the above facts, I,
Krishan Lal, Revenue Assistant (Rohini) therefore, order that the respondents
stand ejected from the suit land and Gram Sabha Mubarakpur Dabas is directed
to take over the possession of the said land.
Learned counsel for petitioner
contends that the petitioner has been in adverse possession of the said suit
land for the last two hundred fifty years. He states that the aforesaid land
had been earmarked as garbage pit and was granted in the name of Mr. Sukhbir
Singh who in turn executed an agreement to sell and general power of attorney
in petitioner's favour.
2. However, no document has been
placed on record to show that the petitioner has been declared to either be a
Bhumidhar or a person in adverse possession. No document showing allocation
of the land to Mr. Sukhbir Singh has been placed on record.
3. On the contrary, learned
counsel for State of NCT of Delhi has today in Court handed over a Khatoni
which clearly shows that land in Khasra No. 37/16 is Gram Sabha land. Learned
counsel for NCT of Delhi states that petitioner is actually the owner of
Khasra No. 37/14, who has encroached upon Khasra No. 37/16.
4. This court is of opinion that
the petitioner has failed to place on record any document to show that he is
the legal owner or authorised occupant of Khasra No. 37/16. The Supreme Court
in Jagpal Singh and Ors. Vs. State of Punjab and Ors., MANU/SC/0078/2011 :
(2011) 11 SCC 396 has held as under:
4. What we have
witnessed since Independence, however, is that in large parts of the country
this common village land has been grabbed by unscrupulous persons using
muscle power, money power or political clout, and in many States now there is
not an inch of such land left for the common use of the people of the
village, though it may exist on paper. People with power and pelf operating
in villages all over India systematically encroached upon communal lands and
put them to uses totally inconsistent with their original character, for
personal aggrandisement at the cost of the village community. This was done
with active connivance of the State authorities and local powerful vested
interests and goondas. This appeal is a glaring example of this lamentable
state of affairs.
xxxx xxxx xxxx
13. We find no merit in this
appeal. The appellants herein were trespassers who illegally encroached on to
the Gram Panchayat land by using muscle power/money power and in collusion
with the officials and even with the Gram Panchayat. We are of the opinion
that such kind of blatant illegalities must not be condoned. Even if the
appellants have built houses on the land in question they must be ordered to
remove their constructions, and possession of the land in question must be handed
back to the Gram Panchayat. Regularising such illegalities must not be
permitted because it is Gram Sabha land which must be kept for the common use
of the villagers of the village.
xxxx xxxx xxxx
23. Before parting with
this case we give directions to all the State Governments in the country that
they should prepare schemes for eviction of illegal/unauthorised occupants of
the Gram Sabha/Gram Panchayat/poramboke/shamlat land and these must be
restored to the Gram Sabha/Gram Panchayat for the common use of villagers of
the village. For this purpose the Chief Secretaries of all State
Governments/Union Territories in India are directed to do the needful, taking
the help of other senior officers of the Governments. The said scheme should
provide for the speedy eviction of such illegal occupant, after giving him a
show-cause notice and a brief hearing. Long duration of such illegal
occupation or huge expenditure in making constructions thereon or political
connections must not be treated as a justification for condoning this illegal
act or for regularising the illegal possession. Regularisation should
only be permitted in exceptional cases e.g. where lease has been granted
under some government notification to landless labourers or members of the
Scheduled Castes/Scheduled Tribes, or where there is already a school,
dispensary or other public utility on the land.
(emphasis supplied)
Keeping in view the aforesaid
mandate of law and the facts of the present case, present writ petition and
application being devoid of merits are dismissed.
Order dasti under signature of
Court Master.
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