BALBIR SINGH Vs. FINANCIAL COMMISSIONER OF DELHI

JUDGEMENT

(1.) The present appeal is filed against the well reasoned judgment of the learned single Judge in WP(C) No. 41/1987 dated 10.9.2004.

(2.) The Financial Commissioner, exercising revisional jurisdiction under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act,1948 (hereinafter referred to as the Act), after carefully examining the record and the material placed before him made an order on 11.11.1986, It is clear that the Consolidation Officer on remand withdrew the land from Kila No. 257 from the Khata of Gaon Sabha, which was part and parcel of village pond and allotted the said land to the respondents, who are appellants herein. According to the petitioners before the Financial Commissioner the allotment was contrary to law and sought restoration of Kila No. 257 to the Gaon Sabha. After examining the matter in detail and considering the fact that the allotment was from the village pond land, the Financial Commissioner interfered with the order of the Consolidation Officer. At pages 140 and 141 of the paper book his findings are recorded as under :-

(3.) It is against the aforesaid order that a writ petition came to be filed by the present appellants. The appellants obtained an order of status quo as conveyed to us and it is in view of this status quo both the parties were required to stay their hands. It was submitted before us that alternative site should be provided to the appellants. For having constructed the houses without lawful allotment and despite the status quo order, the appellants should thank themselves. The Commissioner while passing the order has made observations for alternative site. It is required to be noted that the Apex Court has pointed out about the environment protection and pollution control with regard to water bodies and the duty of the Government to maintain water bodies. The Government cannot shirk its responsibilities merely because villagers are filling the pond with dirt and making it useless site for a pond. It is the duty of the Government to see that wherever there is a water body, it should be maintained as such and no allotment from that land is made to anyone.