GAON SUDHAR SAMITI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are the permanent residents of village Khureji Khas since the birth. It is alleged by them that in 1970 an award was made in respect to land measuring 23 Bighas and 14 Biswas comprised in Khasra Nos. 37/3,4,7,8 and 14 situated in village Khureji Khas but the same was quashed by an order dated December 15,1982 (Annexure A) by this Court in C.W.P. No. 1167/81. It is alleged that a scheme was framed on April 6, 1954 by the Mushawarti Committee in consultation with the Revenue Authorities and the villagers in terms, whereof aforesaid land was kept reserved for being used for welfare purposes like running of school, hospital or Panchayat Ghar. However, contrary to the scheme respondents I and 2, who are not the owners, have allotted the aforementioned land .to respondent No. 3 for running petrol pump. It is prayed on this writ petition that by issue of writ of mandamus respondents I and 2 be directed to stop the allotment of land in question to respondent No. 3 and respondent No. 3 be restrained from construction of petrol pump thereon.

(2.) In response to the show-cause notice DDA-respondent No. 2 filed its reply on the affidavit of V.K. Singhal, Director (CM). It is stated that after acquisition of the land in question under the provision of Land Acquisition Act physical possession thereof was taken over on March 16, 1984. Land was thereafter placed at the disposal of respondent No. 2 underSection22(l) of the Delhi Development Act vide Notification No. F-8(45)/77/L & B dated March 30,1984. Order passed in CWP No. 1167/81 was restricted to the interest of the petitioners in that writ petition. It is emphatically denied that the award in regard to the land in question was quashed in C.W.P. No. 1167/81 as alleged. It is further alleged that the allotment of land for running petrol pump would come within the parameters of public welfare and, therefore, the allotment of land to Mohan Singh Bammi as licensee of M/s. Hindustan Petroleum Corporation-respondent No. 3 is not bad in the eye of law.

(3.) In the reply filed on the affidavit of Saeed Hydrie, Chief Regional Manager, respondent No. 3 has alleged that the land in question was allotted to respondent No. 3 for running petrol pump by respondent No. 2 vide letter dated July 28, 1994 (Annexure R1). By a subsequent letter dated September 22, 1994 (Annexure R2) terms and conditions on which the allotment was made were communicated by re spondent No. 2 to respondent No. 3 By yet another letter dated October 17,1994 (Annexure R3) respondent No. 2 informed respondent No. 3 that the site was ready for ^handing over. After taking physical possession the land in question has been given on licence basis to Mohan Singh Bammi for running petrol pump by respondent No. 3.