RESIDENCE WELFARE ASSOCIATION Vs. STATE (NCT) OF DELHI

JUDGEMENT

(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.

(3.) 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 19 th 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.