27.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11444/2009 & CM No.11124/2009 (for stay).
RAM PAL & ANR. ..... Petitioners
Through: Mr. Subrat Birla, Adv.
versus
GOVT. OF N.C.T. OF DELHI &ORS. ..... Respondents
Through: Mr. Shoaib Haider for Mr. N. Waziri,
Adv. for GNCTD.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
ORDER
% 19.07.2011
1. The two petitioners who claim to have support of at least 13 other residents, are the residents of Village Dera Mandi, New Delhi and have filed this petition to restrain the respondents from implementing the proposal for constructing Choupal/Panchayat Ghar on land bearing Khasra No.84/11/2 in the said village. The petitioners who claim to be belonging to the Prajapati Community (Landless Class) claim that they are using the said land for the purpose of pottery and extracting soil therefrom for making earthenwares.
1/-
2. Notice of the petition was issued and vide interim order the respondents restrained from demolishing the construction which the petitioners claimed to have raised over the said land. Counter affidavit has been filed. The respondents have also filed an additional affidavit to which a response is stated to have been filed by the petitioners. Since the same was not on record, the counsel for the petitioners has handed over a copy which is taken on record.
3. The counsel for the petitioners has fairly stated that the petitioners do not claim any right in themselves over the land aforesaid. It is however stated that since construction of the Choupal/Panchayat Ghar over the said land would interfere with the livelihood of the petitioners, a request is made to locate the Choupal/Panchayat Ghar elsewhere and if no alternative location/site is found, to not construct the Choupal/Panchayat Ghar at all.
4. The Choupal/Panchayat Ghar was proposed by the respondents for the facility and convenience of the residents of the village. It has been enquired from the counsel for the respondents whether the respondents are under any obligations to provide such a Choupal/Panchayat Ghar. The answer is in the negative. It is stated that the proposal was mooted on the representation of the villagers only.
2/-
5. The counsel for the petitioners has in affidavit, copy of which has been taken on record today, stated that though another land of the Gaon Sabha is available for Choupal/Panchayat Ghar but the same is encroached upon; yet another site where an old dilapidated Choupal/Panchayat Ghar is stated to have existed is pointed out and it is stated that the same can be "renovated" to be used as a Choupal/Panchayat Ghar.
6. In the aforesaid circumstances, the only order which can be made in the present petition is to direct the respondents to hold consultation with the villagers and if finds the villagers to be desirous of a Choupal/Panchayat Ghar, take a decision whether a Choupal/Panchayat Ghar at alternative sites as aforesaid is feasible or not and if not, the respondents shall be entitled to go ahead with the proposal for construction of the Choupal/Panchayat Ghar over land bearing Khasra No.84/11/2. However if it is felt that the villagers/residents of the village are not desirous of the Choupal/Panchayat Ghar at all or Choupal/Panchayat Ghar at alternative location is feasible, proposal for construction of Choupal/Panchayat Ghar on land aforesaid be dropped. No order as to costs.
RAJIV SAHAI ENDLAW,J
JULY 19, 2011
pp.. 3/-