RAMPHOOL Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) This petition had been preferred challenging the notice dtd. 14/12/2021, pursuant to which the petitioners and others who were alleged to be in unauthorised occupation of Gaon Sabha land comprised in Khasra No.23/18, were asked to vacate the same on or before 16/12/2021. When the writ petition was originally entertained by the Court, taking into consideration the submissions addressed interim protection was accorded to the petitioners here. The parties have subsequently exchanged pleadings.

(2.) The case of the petitioners is that they were inducted in possession over the plots in question under the 20 Point Program formulated by the Union. The petitioners have referred to documents placed at Annexure P-2, Annexure P-3 and Annexure P-4 to submit that the Gaon Sabha had itself allotted the plots in question to the petitioners in purported extension of the benefits contemplated under the 20 Point Program. It is their case that although the initial period of lease was prescribed to be nine years, the respondents themselves have issued subsequent notifications on 28/9/2007 and 19/9/2011 in terms of which a policy decision was taken for the grant of perpetual lease rights to allottees of residential sites who may have been extended benefits under the 20 Point Program. On the aforesaid basis, it was submitted that the petitioners cannot be said to be rank trespassers and that their settled rights of possession extending over decades was not liable to be interfered with by the respondents.

(3.) The Sub-Divisional Magistrate has filed an affidavit in these proceedings wherein the unequivocal stand taken is that the entire case of the petitioners is based on falsehood. The respondents assert that the petitioners were never allotted the plots in question and the documents which have been appended along with the writ petition themselves do not establish a valid allotment made in their favour. In fact, the respondents go to the extent of asserting that the documents produced by the petitioners are forged and fabricated. It is the stand of the respondents that the same have been prepared by the petitioners with the motive to usurp government land. It is further stated that the land in question always stood recorded in the name of the Gaon Sabha. According to them, no record exists of the land or any part thereof having been allotted to the petitioners.