Delhi High Court
Surender Singh vs Government Of Nct Of Delhi & Others on 30 July, 2008
Author: Ajit Prakash Shah
* HIGH COURT OF DELHI AT NEW DELHI
+ WP(C) No.2020/2008
SURENDER SINGH ..... Petitioner
Through Mr.Madan Lal Sharma, Advocate
Versus
GOVERNMENT OF NCT OF DELHI &
OTHERS ..... Respondents
Through Ms.Ruchi Sindhwani, Advocate
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE DR. JUSTICE S.MURALIDHAR
1. Whether reporters of the local papers be allowed to see the
judgment ?
2. To be referred to the Reporter or not ?
3. Whether the judgment should be reported in the Digest ?
% JUDGMENT
30.07.2008
1. This petition is filed by the petitioner in public interest for
removal of encroachments from government school land comprising
Khasra No.554/1, Village Maidan Garhi, New Delhi which was allotted
for establishment of Government Co-education Middle School and
MCD Balika Prathamik Vidyalay so as to provide infrastructure for
proper education to the children of village Maidan Garhi and its
surrounding villages. Learned counsel for the petitioner has alleged
that land mafia, property dealers and unscrupulous persons have
encroached upon the said land and have illegally made
constructions and are running/operating industries and commercial
activities. He submitted that the land measuring 54 Bighas and 12
Biswas comprising Khasra No.554/1 was Pond/Johar/Water Bodies till
the year 1952 as per the revenue records. Land measuring 22
Bighas 4 Biswas out of the aforessaid land comprising Khasra No.554
was allotted to the Government for establishment and construction
of Government Co-education Middle School and MCD Balika
Prathamik Vidyalay by the order of the then Chief Commissioner
Delhi. Consequently land was bifurcated in two parts and the land
allotted to the school was given Khasra No.554/1 measuring 22
Bighas and 4 Biswas and the remaining land measuring 32 Bighas
and 8 Biswas continued to remain pond/Johar which is reflected in
the entries in the revenue records.
2. Learned counsel for the petitioner further submitted that the
Supreme Court has repeatedly issued directions to remove
encroachments from government lands to enforce the essence and
spirit of Article 21 and 48A of the Constitution. He drew our
attention to the following observations of the Court in Palam Vihar
Residents Welfare Association v. State of Haryana : (1998) 9
SCC 143:
"Considering the facts and circumstances of the case
and hearing Mr. Harish N.Salve, the learned Senior
Counsel appearing for the Palam Vihar Residents
Association and Dr.Singhvi, the learned Additional
Solicitor General appearing for the State of Haryana. It
appears to us that the area in question being highly
developed and quite close to the National Capital of
Delhi, special care is required to be taken to ensure that
unauthorised encroachment and unauthorised
constructions are not made in the area. In our view, it
will be only appropriate if the Government of Haryana
forms a Monitoring Cell with a Gazetted Officer from the
Government of Haryana Police Service, a Gazetted
Officer from the Haryana Civil service and also a
Gazetted from the office of the District Town Planner
Enforcement Gurgaon. We direct accordingly. Such cell
will ensure against unauthorised construction and
unauthorised encroachment of the area in question and
will monitor each complaint of unauthorised
construction and encroachment and progress of
pending cases in connection with encroachment and
construction and will take appropriate steps required to
be taken for the purpose of removing such unauthorised
construction and unauthorised encroachment. It also
appears to us that it will be only appropriate if Hon'ble
the Chief Justice of Punjab & Haryana High Court
constitutes a Special Bench of the said High Court
where the Monitoring Cell will report back to such Bench
the developments in the mater and the action taken in
removing the unauthorised encroachment and
constructions every six months so that appropriate
direction as may be required may be given by the High
Court."
Learned counsel urged that due to massive illegal encroachment on
the government school land, area of the school land is substantially
reduced and children are being deprived of proper education, sports
and other educational facilities and at their cost land mafia is
illegally enjoying and gaining profits due to connivance and inaction
of the authorities including the respondents.
3. A short reply has been filed on behalf of respondent No.4-
Director of Education. Ms.Ruchi Sindhwani, the leaned counsel
appearing for the respondents, has fairly conceded that the land
measuring 22 Bighas and 4 Biswas was allotted for the purpose of
running a Government Co-educational Middle School and the land
has already been mutated vide mutation No.1016 on 6th July, 1957.
She submitted that the allotment of land was not in the knowledge
of the Directorate of Education and consequently no steps were
taken to establish the school in the said land comprising Khasra
No.554/1. She submitted that on carrying out inspection of the said
land it has been found that the land is almost entirely encroached
upon and before its handover to the Director of Education, removal
of encroachment is necessary. She submitted that in view of the
provisions of Delhi Laws (Special Provisions) Act, 2006 the
respondents are not in a position to take any steps till 31st
December, 2008.
4. Having considered the rival contentions, we direct the
respondents that after the expiry of the aforesaid Act, the
respondents will take urgent steps and remove the encroachment
and hand over the land to the Director of Education. The petition is
disposed of accordingly.
CHIEF JUSTICE
S.MURALIDHAR
JULY 30, 2008 JUDGE
'v'
