DY. COMMISSIONER Vs. RAMESH KUMARI

JUDGEMENT

(1.) THE subject matter of all these petitions is land to an extent of over 40 bighas in Village Kapashera, New Delhi belonging to the Deputy Commissioner (South-West) ('DC'), Government of National Territory of Delhi ('GNCTD'). The DC is the petitioner in the first mentioned writ petition W.P. (C) No. 7687 of 2004 Accordingly, all these petitions, including the two contempt petitions are being disposed of by this common judgment.

(2.) ON 17th April 1986 a notification was issued under Section 14 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act 1948 ('Holdings Act) by the competent authority commencing the process of consolidation of land in the Village Kapashera in New Delhi. Pursuant to thesaid notification dated 17th April 1986 the Consolidation Officer ('CO') published a draft scheme under Section 19 of the Holdings Act on 19th December 1986. After considering the objections the scheme was confirmed by the Settlement Officer (Consolidation) on 24th July 1987. Thereafter repartition under Section 21 (1) of the Holdings Act was announced by a Resolution No. 14 dated 13th/20th July 1988.

(3.) IT is stated that on 12th March 1995 a letter was written to the DC by one Shri H.S. Yadav on behalf of the Gramin Uthan Avum Jain Kalyan Samiti, Kapashera in which it was stated that approximately 7 to 8 acres of land which was with the DC could be made available for construction of a sports stadium. It was pointed out that the consolidation of land in the village 'is under final process of completion' and that some alternative suitable site should be identified by the authorities. Another letter was written on 28th April 1995 to the DC by the then Development and Education Minister, Delhi Government Shri Saheb Singh that in Village Kapashera during consolidation, a land should be reserved for a sports ground so that the young children in the area could be given training to participate in sports competitions.