IN THE COURT OF SH. VIKRAM, ADDL. SESSIONS
JUDGE-02-CUM-SPECIAL JUDGE-NDPS ACT, NORTH
WEST DISTRICT, ROHINI COURTS, DELHI
Misc. Criminal No. 09/2019
SHAKUR PUR JATAV SAMAJ KALYAN SAMITI
(Through Sh. Jaipal Singh, Vice President
& Authorized Representative)
WZ-101, Shakurpur Village,
Delhi-110034. .... Complainant
Vs.
1. Sh. SURENDER KUMAR CHADHA
M/s. Shakti Timber
2. Smt. GULSHAN CHADHA
W/o Sh. Surender Kumar Chadha
Sector-8, Rohini, Delhi-110085.
3. Sh. RAVI ANAND
S/o Late Sh. Ayodhaya Nath Anand
Shakti Timber Store
4. Sh. BRIJ MOHAN ANAND
S/o Late Sh. Ayodhaya Nath Anand
Shakti Timber Store
All At :
WZ-333, Shakurpur Village,
Near Yadav Market,
Delhi-110034.
.... Respondents/Accused
Date of Institution : 27.03.2019
Date when judgment was reserved : 13.10.2022
Date when judgment is pronounced : 13.10.2022
ORDER ON SUMMONING
1. This is a complaint filed by the complainant under Section 200 Cr.P.C for summoning the accused persons namely Sh. Surender Kumar Chadha, Smt. Gulshan Chadha, Sh. Ravi Anand and Sh. Brij Mohan Anand for the commission of offence punishable under Section 3 (1) (iv) (v) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Sections 420/506/34 IPC.
2. The allegations of the complainant are that the property/land bearing No. WZ-333, out of Khasra No. 30/4/11 measuring about 500 sq. yards, situated in the abadi of Lal Dora, Village Shakurpur, Delhi (land in question) was alloted to Harizan Gram Sabha in the year 1954 and after allotment of land to Gram Sabha, the said land remained under the physical possession and use of Harizan Gram Sabha duly represented by Harizan Sudhar Samiti Society. However, the accused persons through their associates wrongfully got a part of land in question transferred in their names in connivance with the then President of Society and thereby, grabbed the land of the complainant society. The complainant also submitted that some civil suits were also filed against the respondents/accused persons which were later on withdrawn and some other litigations are pending.
3. The main crux of the matter is that the accused persons by making false and fabricated documents had grabbed the land of Harizan Gram Sabha which had been specially alloted for SC members, therefore, the accused persons have committed an offence under Section 3 (1) (f) and (g) of SC/ST Act through forged and fabricated documents.
4. In the present complaint case, the complainant has examined only one witness in pre-summoning evidence and this witness is the AR of the complainant namely Sh. Jaipal Singh who has proved the resolution in his favour along with caste certificate and registration certificate of the society to represent Shakur Pur Jatav Samaj Kalayan Samiti.
The complainant has also brought on record the Khatauni for the year 2009-2010 issued on 07.02.2013 received through RTI application which shows that the land in question belongs to Harizan Sudhar Samiti, Shakurpur Village, Delhi.
5. I have heard Ld. Counsel for the complainant who has also placed reliance on the judgment of Hon'ble Supreme Court in Jagpal Singh & Ors. v. State of Punjab passed in Civil Appeal No. 1132/2011 dated 28.01.2011 as per which any land which is vested to Gram Sabha and is non-transferable, cannot be allowed to be un-authorizedly occupied by any means. Even if, there is long duration of such illegal occupation or huge expenditure in making constructions, it must not be treated as a justification for condoning this illegal act or for regularizing the illegal possession.
6. The complainant has not produced any document on record to show through which document the accused persons had entered into the land in question, however, he has filed the copy of order of civil suit as Mark A. Along with that, complainant has also filed the copy of written statement of accused No.1, 3 and 4. As per written statement, this land was initially alloted to Harizan Gram Sabha in the year 1954 and was in possession and control of Harizan Sudhar Samiti Society who issued an SPA in favour of Sh. Kanhaiya Lal, President of the society on 25.01.1975 and thereafter, on the basis of said SPA, Sh. Kanhaiya Lal sold the said land to Sh. Raj Singh Malik and Sh. Ram Kumar Malik on 07.02.1975 vide registered documents. The accused No. 1, 3 and 4 purchased this property from Sh. Raj Singh and Sh. Ram Kumar Malik vide notorized documents on 05.04.1980 and since then they are in possession of that property.
The testimony of CW-1 Sh. Jaipal Singh in pre-
summoning evidence only shows that the land in question was initially alloted to Gram Sabha and it is alleged that the accused persons had illegally encroached upon the land in question and thereby they had committed an offence under Section 3 (I) (f) and (g) of SC/ST Act. However, this land was sold by Samiti itself not directly to the accused persons but to one Sh. Raj Singh Malik and Sh. Ram Kumar (as gathered from the written statement filed on record in the suit filed by the complainant/petitioner) and the accused persons came into possession of this property in the year 1980 through notorized documents executed in their favour by Sh. Raj Singh and Sh. Ram Kumar Malik.
7. The allegations against accused persons are of conspiracy with the President of Harizan Sudhar Samiti Society to grab the land in question. However, it is beyond any stretch of imagination to assume or accept that the alleged accused persons who came into land in 1980 could have conspired with the President to grab the land in 1975 when he sold the property to Sh. Raj Singh and Sh. Ram Kumar Malik. The accused persons are not the first one who had taken land from Sh. Kanhaiya Lal. This land was initially sold to Raj Singh Malik and Ram Kumar and it is not alleged that they were part of any conspiracy. If Raj Singh and Ram Kumar had not done any illegal act, as they are not made an accused in this case, the purchase of property by the respondents/accused persons from Raj Singh and Ram Kumar cannot be termed illegal to attract the offence under Section 3 (i), (f) and (g) of SC/ST Act.
It is true that as per the judgment of Hon'ble Supreme Court in Jagpal Singh Vs. State of Punjab, every claim/occupation over Gram Sabha land by any person through any means is illegal and they need to vest back to Gram Sabha and authorities must act in that respect, however, if all such transfers are held to be an offence under Section 3(i) (f) and (g) of SC/ST Act, thousands of purchasers who have purchased land in such manner will have to be prosecuted. The Act was passed not to be used as a tool to attack the transactions between innocent buyers and sellers but to defend the right of the people belonging to SC/ST community.
Therefore, I do not find any material in the complaint or in the testimony of CW-1 sufficient enough to summon the accused persons. As there is no sufficient ground to proceed, the present complaint, in view of Section 203 Cr.P.C, is dismissed.
File be consigned to record room.
Copy of the order be given dasti.
(Vikram)
Announced in Open Court
ASJ02cumSpecial Judge (NDPS), on 13th Day of October, 2022
NorthWest District, Rohini Courts, Delhi.
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