Ram Pal & Anr. vs Govt. Of N.C.T. Of Delhi &Ors.
2011 Latest Caselaw 3432 Del

27.
$~
*     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/-