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2014 DIGILAW 2291 (DEL)

All India Panchayat Parishad v. Govt. of NCT of Delhi

2014-08-26

G.ROHINI, RAJIV SAHAI ENDLAW

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JUDGMENT : Rajiv Sahai Endlaw, J.:-- 1. The petitioner All India Panchayat Parishad has filed this writ petition seeking, (i) a direction that a survey be conducted in respect of villages of Swaroop Nagar, Libaspur, Bhalaswa, Burari, Badli, Sameypur, Haiderpur and other villages in and around Delhi to identify the Government/Gaon Sabha lands, (ii) a direction to the respondents Government of NCT of Delhi (GNCTD) and police to put up warning boards on the said lands in order to fully and effectively protect the lands and (iii) a direction to take action against illegal constructions on such Gaon Sabha/ Government lands. 2. The petition came up before a learned Single Judge of this Court as per roster on 30th May, 2014, when finding the petition to be in the nature of a Public Interest Litigation (PIL), the same was ordered to be listed before this Bench. 3. We have heard the counsel for the petitioner as well as the counsel for the respondent GNCTD appearing on advance notice. 4. We may at the outset state that in the entire petition, the constitution of the petitioner has not been disclosed. The cause of action for filing the petition is stated to be the repeated attempts, by some persons to take over the land adjacent to the Nursery of Horticulture Department in E-Block, Gali No. 8, Swaroop Nagar, Delhi and which the petition states, the members of the petitioner have been thwarting. Such attempts are stated to have led the petitioner to seek the relief in general of protection of Gaon Sabha lands in the village in and around Delhi qua which the reliefs aforesaid have been claimed. 5. The aforesaid pleading only qua land in E-Block, Gali No. 8, Swaroop Nagar leads us to believe that the petition is more in the nature of private interest rather than PIL. The aim of the petitioner appears to be qua the said land at Swaroop Nagar only, though reliefs in general have been claimed. 6. 5. The aforesaid pleading only qua land in E-Block, Gali No. 8, Swaroop Nagar leads us to believe that the petition is more in the nature of private interest rather than PIL. The aim of the petitioner appears to be qua the said land at Swaroop Nagar only, though reliefs in general have been claimed. 6. Moreover, the petition itself refers to the judgment of the Supreme Court in Jagpal Singh v. State of Punjab (2011) 11 SCC 396 which though was concerned with encroachment over Gaon Sabha land in Punjab but directions were given to all State Governments in the country to prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat lands and for restoration thereof to the Gram Sabha/Gram Panchayat for common use of the villagers. The Chief Secretaries of all State Governments have been directed to do the needful by framing schemes providing for speedy eviction of illegal occupants after giving them a show cause notice and brief hearing. It has further been directed that 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 the illegal acts or for regularizing the illegal possession. 7. The petition itself further states that in compliance with the aforesaid judgment, the respondents have already vide notification dated 30th March, 2011 constituted task forces for each Sub-Division of each district of Delhi, to act on information and intelligence gathered from various sources regarding encroachments and construction activities, to protect and recover encroached lands, to initiate action against encroachers, to fence the retrieved land and to initiate prosecutions for encroachment/unauthorized construction. The said task forces are also required to submit regular progress report on the cases taken up. 8. As the aforesaid would show, there is indeed no need for this Court to issue directions as sought by the petitioner inasmuch as the directions sought are covered by the omnibus directions already issued by the Supreme Court in Jagpal Singh supra. There is nothing for this Court to adjudicate. This petition cannot be used as an execution of the judgment/directions of the Supreme Court. There is nothing for this Court to adjudicate. This petition cannot be used as an execution of the judgment/directions of the Supreme Court. Moreover, it is the case of the petitioner in the petition itself that the respondent GNCTD in accordance with the directions in the judgment aforesaid of the Supreme Court has devised a machinery to ensure eviction of illegal/unauthorized occupants from Gram Sabha lands and for restoration of the said lands for the purposes meant. The said task forces have further been directed to act on information received. It is always open to the petitioner to approach the said task forces with the information if any available with the petitioner of attempts to encroach and the task force in compliance of the judgment/directions of the Supreme Court and of the notification supra, is expected to act thereon. 9. We therefore do not feel the need to entertain this petition and dismiss the same. The said dismissal will however not come in the way of the respondents complying with the directions of the Supreme Court or acting on the information if any furnished by the petitioner or any other person, of encroachment of Gram Sabha lands. No costs.