SANJEEV Vs. ADMINISTRATOR OF DELHI

JUDGEMENT

(1.) . By an Award announced on November 10, 1979 land measuring 1536 Bighas and 15 biswas was acquired. The village affected was Naharpur. Admittedly compensation was paid and possession of the land so acquired was taken over. The petitioner is a native of that village. His grievance is that by acquisition of land in and around the abadi of that village "natural" drainage system has been destroyed and complains that there is no scavenging facility, no water supply and worst the villagers accustomed to answer the call of nature in the sprawling fields and jungle in the vicinity, now find themselves in the lurch, so to say, with no sewage system, no proper toilets. Not only this, as per the petitioner, the respondents have not made any provision for parks, playgrounds and other community facilities for the villagers. Hence, this writ petition for direction to the respondents (a) "to complete and provide the sewage facilities in a time-bound period", (b) "to provide sufficient drinking water facility round the clock", (c) "to construct the drains properly", (d) "to remove the filth, waste and other harmful material from outside the village", (e) "to provide proper and efficient scavenging facilities", (f) "to construct and repair the streets properly", (g) to provide park (playground) around the village", and (h) "to provide community and other facilities".

(2.) . The Delhi Development Authority in the counter has taken the stand that after acquisition of land for planned development of Delhi, the respondents started the development of Rohini Residential Scheme and that though the development of village Naharpur is an integral part of that sector, its development was deferred until such time the detailed survey of the village was undertaken to establish (i) the physical contours of the built-up structures (ii) the title of the land under the built-up structures and (iii) appurtenant of it. With regard to civic amenities and facilities it is claimed that required facilities such as commercial, educational, parks, playgrounds, health and circulation have been provided for and only the remaining vacant land has been planned for residential purposes in terms of individual plots as also for group housing scheme.

(3.) . As regards roads etc., the Delhi Development Authority claims that lanes of the village were paved by it prior to April 1, 1987 and have been linked up with Master Plan roads of 30 meters width on the peripheral constructed by it and that it has also con structed roads of 9 meters and 18 meters width making the village accessible from all sides both within the sector and without.