Punjab-Haryana High Court
Bir Singh vs State Of Haryana And Others on 11 March, 2013
Bench: Rajive Bhalla, Rekha Mittal
C.W.P.No.16012 of 2012 (O&M) -1-
In the High Court of Punjab and Haryana at Chandigarh
C.W.P.No.16012 of 2012 (O&M)
Date of Decision: March 11, 2013
Bir Singh
---Petitioner
versus
State of Haryana and others
---Respondents
Coram: Hon'ble Mr. Justice Rajive Bhalla
Hon'ble Mrs. Justice Rekha Mittal
Present: Mr. Amit Jaswal, Advocate
for the petitioner
Mr. D.Khanna, Addl. Advocate General, Haryana
for respondent Nos. 1 to 3
Mr. V.K.Jindal, Advocate,
for respondent No. 4
Mr. Radhe Shyam Sharma, Advocate,
for respondent Nos. 6 to 10
***
RAJIVE BHALLA, J.(ORAL)
The petitioner prays for issuance of a writ of mandamus to direct the respondents to remove encroachments from land/plots allotted to poor families of scheduled castes, backward classes forcibly occupied by influential persons of village Chochda, Tehsil Asandh, District, Karnal to prevent the illegal filling up of a common pond situated near Shiv Mandir, and to restore the pond to its original state.
Counsel for the petitioner submits that 362 plots measuring 100 C.W.P.No.16012 of 2012 (O&M) -2- square yards each, were allotted to scheduled castes/backward classes between the years 1994 to 1999. Out of these, 284 plots are in illegal possession of certain influential persons, who are either cultivating the land or have raised construction. Despite repeated complaints made by the petitioner, neither the Sarpanch nor the BDPO, Asandh, are taking any actionin the matter. It is further submitted that a gair mumkin johar (pond) situated in Khasra No. 202 adjoins a Shiv Mandir. The total land of the pond is 30 kanals and 15 marlas, but certain residents of the village, in connivance with the Sarpanch, have filled up a part of the pond with sand, garbage and malba. The pond has been reduced to half of its original size. A direction may be issued to the respondents to remove unauthorised occupation from plots allotted to scheduled castes/ backward classes and to restore the gair mumkin johar (pond) to its original state.
Counsel for the Gram Panchayat, on the basis of averments in the reply submits that three different petitions have been filed for cancellation of the allotments/gift deeds, which are pending adjudication before the Assistant Collector Ist Grade, Asandh, but fairly concedes that no petition has been filed against persons in unauthorised occupation of plots. It is further submitted that a petition under section 7 of the Punjab Village Common Lands (Regulation)Act, 1961 (hereinafter referred to as "the 1961 Act") has been filed for eviction of the persons, in unauthorised possession, of the gair mumkin johar (pond).
Counsel for respondent Nos. 6 to 10 submits that they are bona fide allottees of plots and have constructed houses, and there is no truth in the allegations levelled by the petitioner or in the petitions filed by the Gram C.W.P.No.16012 of 2012 (O&M) -3- Panchayat. The writ petition may, therefore, be dismissed.
The Deputy Commissioner, Karnal, has filed an affidavit, dated 29.11.2012, setting out the factual position.
We have heard counsel for the parties, perused the pleadings and the affidavit filed by the Deputy Commissioner, Karnal.
A perusal of the pleadings and arguments advanced by counsel for the parties reveal that 362 plots were allotted to eligible members of scheduled castes and backward classes, between 1994 to 1999. A large number of these plots are now in possession of persons, other than the original allottees. The alleged violation of terms and conditions of allotment, by original allottees, is pending adjudication before the Assistant Collector Ist Grade, Asandh. We, therefore, do not express any opinion as to the rights of allottees or their alleged transferees.
As regards the petitioner's plea with respect to removal of illegal encroachments from the gair mumkin johar, it would be necessary to remind the Gram Panchayat and the State of their obligations to ensure that water bodies are protected from encroachments and are not allowed to run dry. A reference in this regard may be made to a judgment of Hon'ble the Supreme Court rendered in Hinch Lal Tiwari vs. Kamala Devi and others (2001) 6 Supreme Court Cases 496. Para 13 of this judgment reads as follows:-
" 13. It is important to notice that the material resources of the community like forests, tanks, ponds, hillock, mountain etc. are nature's bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is the essence of the guaranteed right under Article 21 of the C.W.P.No.16012 of 2012 (O&M) -4- Constitution. The government, including the revenue Authorities i.e. Respondents 11 to 13, having noticed that a pond is falling in disuse, should have bestowed their attention to develop the same which would, on one hand, have prevented ecological disaster and on the other provided better environment for the benefit of the public at large. Such vigil is the best protection against knavish attempts to seek allotment in non-abadi sites."
A perusal of the affidavit, filed by the Deputy Commissioner, Karnal, reveals that twenty persons are in illegal possession of, a part of the gair mumkin johar out of whom eight have been ordered to be evicted, whereas cases for eviction are pending, against twelve others.
The writ petition is, therefore, disposed of by directing the Assistant Collector Ist Grade, Asandh, to dispose of these petitions as well as petitions filed by the Gram Panchayat for the alleged violation of terms and conditions of the allotment, within two months of receipt of a certified copy of this order. The Deputy Commissioner, Karnal, and the Gram Panchayat are directed to ensure that the gair mumkin johar, is not encroached or used as a dumping ground and is restored to its original state.
(RAJIVE BHALLA) JUDGE ( REKHA MITTAL) JUDGE March 11, 2013 PARAMJIT