SARJO Vs. L G OF DELHI & ORS

JUDGEMENT

(1.) The petitioners by these two petitions seek inter alia relief of correction of the Gazette Notification vesting certain lands purportedly of the Gaon Sabha in the revenue estate of Village Neb Sarai, in the forest/ridge department pursuant to the direction of the Apex Court in M.C. Mehta "â„¢s case. It is the case of the petitioners that their lands have been wrongly included in the said Notification and seek exclusion of their land from the said Notification.

(2.) It is the case of the petitioners that the petitioners/their predecessors were owners of the lands bearing khasra No. 179 in the said village; that the said land was exchanged in pursuance to the Resolution dated 30th December, 1981 of the Gaon Sabha, for land in Khasra No. 451 and 452 now in occupation of the petitioners and which land was given to the petitioners on freehold basis for constructing pucca houses and residences. It is further the contention of the petitioners that the said exchange was also approved by the Lieutenant Governor of Delhi. The present petitions were filed when the lands now in occupation of the petitioners and given to them in exchange as aforesaid, have been vide Notification aforesaid transferred to the forest department, treating the same to be the land of the Gaon Sabha.

(3.) The counsel for the petitioners has contended that the matter in controversy is squarely covered by the judgment dated 25th August, 2004 of this court in WP(C)1146/2003 titled as Amit G. Rohra Vs. Lt. Governor of Delhi and the judgment dated 9th April, 2009 in WP(C) 1044-48/2004 titled Jasbir Singh Malik Vs. UOI.