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HIGH COURT OF DELHI
W.P.(C) 4437/2013 & CM No.10260/2013
RESIDENCE WELFARE ASSOCIATION EKTA ENCLAVE ..... Petitioner
Through: Mr. B.S. Chowdhary, Adv.
Through: Ms. Zubdea Begum along with Ms. Jayendra, Advs. for R-1 to 5.
Date of Decision: 31st October, 2013
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
1. The present writ petition has been filed in public interest seeking a direction to the respondents to take strong action against encroachers of johads, ponds, lakes and water bodies in villages.
2. In the counter affidavit, the stand taken by the respondent-State is that water bodies/johads, belonging to the Gaon Sabha had been allotted to persons in accordance with the orders of the Financial Commissioner under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 to make good the deficiencies in allotment of land during consolidation proceedings. 2013:DHC:5609-DB
3. Today, a Status Report has been handed over by the learned counsel for the respondents. The said Status Report reads as under: “It is respectfully submitted that Sh. Deepak Tyagi, Sh. Rahul Tryagi and Sh. Rajeev Tyagi all sons of Sh. Rajvans was allotted 02 Bigha 08 Biswa land and Ram Kishan S/o Sh. Nathu was allotted 01 Bigha 04 Biswa land out of 28 Bigha 02 Biswa land bearing Khasra No.149/2/2 Village Burari which was earmarked for Johad (Pond/Water Body) as per the order of Financial Commissioner, Delhi to make good deficiencies to them. Hon’ble Supreme Court vide order dated 28.1.2011 has passed order in civil appeal in the matter of Jaspal Singh & Ors. v/s State of Punjab and others that “State Govt. in the country should prepare schemes for eviction of illegal/unauthorized occupants of Gram Sabha/Gram Panchayat/Poramboke/Shamlat land and these must be restored to the Gram Sabha/Gram Panchayat for the common use of villagers of the village....The said scheme should provide for the speedy eviction of such illegal occupant, after giving him a show cause notice and brief hearing”. In view of the above case it is submitted that we will take action to evict the said allottee/occupants of Johad/Pond, Gram Sabha Land in pursuance of the Hon’ble Supreme Court orders.”
4. The aforesaid Status Report is taken on record and the respondent is held bound by the same. In any event, we have perused the order dated 19th August, 1997 passed by the Financial Commissioner and are of the opinion that the said order does not stipulate that water bodies/johads/lakes are to be allotted to villagers who have been allotted land less than their entitlement during consolidation proceedings.
5. In our opinion, water bodies/johads/lakes/water tanks are not only community assets, but also help in preserving and improving the environment. Article 48-A of the Constitution stipulates that the State shall endeavour to protect and improve the environment. Further, the Supreme Court in Jagpal Singh and Ors. Vs. State of Punjab and Ors., (2011) 11 SCC 396 has held as under:
6. Consequently, all Deputy Commissioners are directed to ensure that none of the water bodies/johads/water tanks/lakes/water ponds are encroached or allotted in future to make good the deficiency of land during consolidation proceedings. If any water bodies/water tanks/johads/lakes have been allotted in the past to a villager during consolidation proceedings and no permanent structure has been constructed thereon, the Deputy Commissioners are directed to ensure that possession of the said bodies is taken back after giving them alternative land. Deputy Commissioners are also directed to ensure that water bodies/johads/water tanks/lakes/water ponds are maintained, developed as well as kept clean and if necessary, the same be revived.
7. With the aforesaid directions, the present writ petition and application stand disposed of. MANMOHAN, J CHIEF JUSTICE OCTOBER 31, 2013 pmc