Citation : 2011 Latest Caselaw 3407 Del
Judgement Date : 18 July, 2011
42.
$~
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 496/2010 & CM No.2956/2011 (u/O 1 R 10)
DELHI ANUSUCHIIT JAATI VIKAS SANGHTAN .... Petitioner
Through: Mr. Vikas B. Pakhiddey, Adv.
versus
GOVT.OF NCT OF DELHI & ORS. ..... Respondent
Through: Mr. Najmi Waziri, Standing Counsel
(Civil) GNCTD. With Ms. Zeenat
Masoodi, Adv.
Mr. R.K. Bhartiya, Ms. Sudesh Yadav
& Mr. Chirag Mudgal, Adv. for
applicants in CM.No.2956/2011 along
with applicants no.1&2.
AND
43.
+ W.P.(C) 4996/2010
DELHI ANUSUCHIT JAATI VIKAS SANGHTAN ..... Petitioner
Through: Mr. Adarsh Ganesh, Adv.
versus
CHIEF SECRETARY GOVT OF DELHI AND ORS .. Respondents
Through: Mr. O.P. Saxena & Mr. Mithilesh
Adv. for DUSIB.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
ORDER
% 18.07.2011 WP(C)496/2010 & 4996/2010 page 1 of 4
1. WP(C) 496/2010 has been filed seeking direction to the respondents to
complete the process of signing of the MOU for management of Panchayat
Ghar/Raigar Choupal at C-Block, Phase-II, Nangloi, Delhi with the
petitioner. An application being CM.No.2956/2011 has been filed by Sh.
Ram Avta Meghwal and Shri Rohtas Singh for impleadment, also claiming
that the MOU should be signed with M/s Jan Kalyan Aur Manav Vikas
Sangathan (Regd.).
2. Mr. Waziri, counsel for the respondent GNCTD states that as per the
prescribed norms a decision has been taken as to who should be entrusted
with the management of the Panchayat Ghar/Raigar Choupal and with which
person(s) the MOU in this regard should be executed. He further states that it
has been decided to hand over the management of Panchayat Ghar/Raigar
Choupal to Janta Kalyan Manch (JKM) (Regd.), C-25, Camp No.2, Nangloi,
Delhi - 110 041.
3. The counsel for the petitioner however states that the said JKM is an
organization of the local MLA Sh. Manoj Kumar Shokeen who heads the
Selection Committee for identifying the NGO to whom the Management of
Panchayat Ghar/Raigar Choupal can be handed over as aforesaid. He further
WP(C)496/2010 & 4996/2010 page 2 of 4 states that the address of JKM is the address of the office of the said MLA.
4. It is contended that JKM is only eleven months old and Mr. Shokeen
aforesaid, besides being the decision making authority is illegally
appropriating the control of the Panchayat Ghar/Raigar Choupal in himself.
5. On enquiry it is informed that the MOU is generally entered into for a
period of three years.
6. In the circumstances, this writ petition is disposed of with the
following directions:-
a. The Dy. Commissioner (Revenue) of the area to enquire into the
matter i.e. whether Mr. Shokeen has misused his position and who
is best suited to be put into management of Panchayat Ghar/Raigar
Choupal. The petitioner as well as the aforesaid applicants to appear
before the Dy. Commissioner (Revenue), Nangloi for hearing in
this regard on 28th July, 2011 at 1600 hours and on such subsequent
dates as may be fixed;
b. The Dy. Commissioner (Revenue) to pass a reasoned order on the
grievance of the petitioner and the applicants and also record the
WP(C)496/2010 & 4996/2010 page 3 of 4 reasons for identifying any particular NGO for signing of the MOU
and to also determine the eligibility and suitability of the aforesaid
JKM to the management of the Panchayat Ghar/Raigar Choupal;
c. To enable the concerned parties to vent their grievance(s) if any
against the said order, it is further directed that MOU be not entered
into and control of Panchayat Ghar/Raigar Choupal be not handed
over to selected party for a period of two weeks after the
communication of the order to the concerned parties.
WP(C) 4996/2010 is also disposed of in terms of the above.
Dasti.
RAJIV SAHAI ENDLAW, J
JULY 18, 2011 pp.
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