Delhi High Court
Sanjeev vs Administrator Of Delhi And Ors. on 1 September, 1993
Equivalent citations: 1993(27)DRJ469
JUDGMENT Jaspal Singh, J.
(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 constructed roads of 9 meters and 18 meters width making the village accessible from all sides both within the sector and without.
(4) Coming to the supply of water, it is the case of the Delhi Development Authority that peripheral water lines were provided within the village itself before April 1, 1987 and that individual water connections can be taken by the persons concerned living in the village from the Municipal Corporation of Delhi. Similarly with regard to sewerage, it is alleged that peripheral sewer lines had been provided prior to 1st April, 1987and that it had incurred an expenditure of Rs. 19.60 lakhs during the period 1984 to 1987 in providing internal sewer lines, drains and roads inside the village Abadi. Coming to the drains, it is claimed that for Sector 7 which includes the village in question a detailed drainage system has been designed and more than 70% of the drains have already been constructed. Lastly as regards supply of power 14 electric sub stations are alleged to be already in operation with the result that the village has due access to power in accordance with the Desu norms.
(5) During arguments it was not disputed that roads and lanes have been laid inside the village, that there is municipal tap water available and that sewer lines have been laid. That the village is having regular supply of water and electricity was also not disputed. However, it was claimed that the facilities so provided were not being maintained properly and that no provision had so far been made with regard to storm water drainage resulting in lot of inconvenience to the residents of the village. I may, however hasten to mention that, it was not disputed that much still remains to be done with regard to the out flow arrangements for the sewer lines and more particularly with regard to the storm water drainage system.
(6) The main grievance of the learned counsel for the petitioner was that though a development plan for the village had been prepared reserving 301770 square meters of land exclusively for its development, it had not been implemented with the result that the village had been allowed to choke without any proper development. It was argued that though admittedly a development plan had been prepared and the Delhi Development Authority had been all along admitting the existence of such a plan, it was being suppressed. However, on the other hand, it was contended on behalf of the Delhi Development Authority that no village development plan as such had been prepared for village Naharpur at any stage nor any such plan existed and that the earlier statement made by the Delhi Development Authority, in reply to C.M.4149/87 with regard to the availability of such a development plan or development lay out plan of village Naharpur was incorrect and an inadvertent error. It was further argued that it is not necessary that a village development plan must have only facilities meant exclusively for the village and that such a plan could incorporate residential plots meant for sale to third persons by auction or otherwise and that the planning done by the Delhi Development Authority was with a view to integrate the village with the surrounding urban area to provide facilities keeping in mind the requirements of the population of the village.
(7) True, the Delhi Development Authority earlier took the stand that there was in existence a village development plan but then in view of the affidavit of Mr. P.C. Jain, Director (Area Planning), Delhi Development Authority, dated August 24,1993, it appears that the said admission was erroneous and that actually no village development plan is in existence. However, I feel that the controversy with regard to the existence or otherwise of a development plan for the village is not of much consequence. What is to be seen is as to whether the development proposed is in accord with the well-established principles governing area planning. The City Planning Wing of the Delhi Development Authority had in the year 1985 prepared a Project Report on Policies and Development of Urban Villages. Though it is a lengthy report, the following extracts taken from it are of particular significance:- "5.Village as a nodal point for development. As per the sound principles of planning, the development is always done in-side-out. It means that the villages should be developed first and then the surrounding areas. It will have following advantages: a) The villagers, who are living there since generations, would get all the facilities in the first instance and then the planned colonies will be developed in the surrounding areas, thereby reducing the social disparity and ill feeling of the villagers towards the population living in surrounding planned colonies. b) When the population starts living in the surrounding planned colonies, the essential facilities, needed by them, would already be available-such as schools, parks shopping centres for building material etc. c) There will be less chances of unauthorised construction and misuse of properties by the villagers because the administrative and development machinery 472 would already be in action. Social issues: As the urban expansion takes place, large areas of rural tracts are acquired and planned colonies are laid out. The villagers, who had owned that land and had emotional attachment with the land, feel themselves deprived even though compensation for the acquisition of the land is given to them. In their opinion, the compensation is too less on the one hand and on the other an inferiority complex developers in their families, when they see affluent population residing on the lands once owned by them. This gives rise to the socio-economic conflicts. This is a ticklish issue and has to be handled very delicately. This calls, for socio-economic upliftment of the village population itself in the first instance by providing all the amenities in the beginning itself that are available to the affluent population and the village youth are trained in the technical professions for giving them opportunity for the alternative sources of gainful employment, so that the village population becomes complimentary to the surrounding affluent population. In other words, the essential services like water supply, sewerage, storm water drains, roads, parks are provided in the villages and training-cum-work centres are established adjoining to a group of villages where professions such as carpentry, blacksmith, electrical trade etc. are taught to the village youth. The villagers should also be allowed to develop their properties with economically viable proposition. This will also deter them from unauthorisedly misusing their properties for large scale commercial land industrial purposes. Physical issues: It has been observed that surrounding of the villages are developed in the form of planned colonies, leaving no space between them and thus chocking the villages. Therefore, the villages should be developed as nodal point and surrounding it all the facilities should be reserved and thereafter only the planned development should be done in ring forms, starting with plots/flats for Ews persons and subsequently for higher categories in ascending order.
(8) Unfortunately the development plan to which my repeated attention was drawn during arguments and which, for purposes of ready reference, has been marked by me as 'XY' does not seem to have been prepared keeping in view the overall needs and requirements of the village as noticed above. However I will deal with this later on. Let me first deal with the Municipal Corporation which admittedly has taken over the village.
(9) Although it was admitted that water supply had been provided and so also the sewer facilities and drainage but the grievance of the learned counsel for the petitioner, and as already mentioned by me, was that the Municipal authorities were not taking any steps to keep and maintain those facilities at the desired level of proficiency. I may mention that the Municipal authorities, though a party to the proceedings, did not even care to file a counter and it was only after a specific order during the arguments, that some of the officials from the Corporation cared to appear in court though they remained evasive and non-committal with regard to the facilities and amenities provided in the village and the level of their efficient maintenance. It is, therefore, unfortunate that need has arisen to remind the Municipal Corporation of Section 42 of the Delhi Municipal Corporation Act which talks of some of the functions which are "obligatory". The provision leaves no manner of doubt. It is clear, forth-right and assertive. It says that it "shall be incumbent on the Corporation" to make "adequate provisions" for each of the matters enumerated in the provisions "by any means or measures which it may lawfully use or take". And same of the matters so enumerated are: "(A)the construction, maintenance and cleansing of drains and drainage works and of public latrins, urinals and similar conveniences; (b) the construction and maintenance of works and means for providing supply of water for public and private purposes, (c) the scavenging, removal and disposal of filth, rubbish and other abnoxious or polluted matters; (d) the construction or purchase, maintenance, extension, management and conduct of- (iii) any undertaking for providing a sufficient supply of pure and wholesome water, (o) the lighting, watering and cleansing of public streets and other public places:"
(10) In view of the grievance made by the petitioner and there being no assurance on the part of the Corporation in the matter of performance of its aforesaid statutory duties, I direct the Municipal Corporation to assiduously and diligently perform its duties as referred to above and to make a report within six months from today as to the state of level at which the services enumerated above are being maintained.
(11) As regards the storm-water drainage outlet, the Delhi Development Authority and so also the Municipal Corporation are directed to make proper provisions for the same within nine months from today and to make a complete report with regard to the compliance of this direction.
(12) However, as would be borne out from above, this does not finish the matter here.
(13) I have already referred in the preceding paragraphs, to the Project Report and have given expression to my feeling that the village, while preparing the development scheme for the Sector seems to have not been kept as a nodal point. It need hardly be mentioned that while making such development schemes, unnecessary conversion of open space land to strictly urban uses has to be avoided. No public interest is served by pollution, disturbance of the ecology and the environment. The demonstrated consequences and ill-effects of urban sprawl are too well known and need not be enumerated. Reservation of open spaces for parks and play grounds is a guarantee against the misery of disreputable housing condition caused by urbanisation. Town planners must remember that crammed urban areas breed disease, crime and immorality. They suffocate the spirit, robs life of its charm and despoil the community as weed and silt would ruin a lake. Family values, youth values, free and healthy air and beautiful surroundings crowned by blessings of quiet seclusion should be the motto and not making of tinkling coins. Unfortunately, the town planners in the present case seem to have fallen prey to the lure of commercial gains. A bare perusal of the plan 'XY' would show that the needs of the village have not been kept in view. Plots have been carved out for sale and auction. Thereby open space which could be utilised for proper planning and development keeping the village as a nodal point have been eaten up or sought to be eaten up.
(14) I order that while developing the area the town planners of the Delhi Development Authority must make in the acquired land abutting the village provision of(i) a multi purpose Community-Hall; (ii) at least one urinal and lavatory block inside the village, if possible, or in the immediate vicinity of the village abadi and (iii) a Training-cum-Work Centre. It should also connect the existing roads and paths in the village with the peripheral circulation by properly aligning the approach roads, and must also reserve some area for landless natives of the village particularly Harijans and must make provision for dust-bins at suitable locations. Besides this, the Delhi Development Authority must provide sufficiently large parks around the village abadi. Of course, some parks have been provided as would be borne out from the plan Xy but they are not, barring one or two, in the immediate vicinity of the village abadi.
(15) Purely by way of suggestions, I feel that provision for multi-purpose Community Hall can be made somewhere around the portion marked by me as Aa and it should not be less than 300 square meters. Parks can be provided at or around the portions marked by me as BB. I do, however, direct that such parks should be in an area not less than 1200 square meters each. Similarly a urinal-cum-lavatory block, if it cannot be provided inside the village, can easily be provided at or somewhere around the portion marked by me as CC. Provision for Training-cum-Work Centre can be made at or near the place marked Dd but it must be in an area not less than 200 square meters and dust-bins can be provided somewhere near the portion marked by me as EE. Some area can be reserved for the landless natives of the village particularly Harijans, if any, near the portion marked by me as FF. If there are no such persons in the village the said portion can be utilised for providing open space. From what has been suggested by me, it would be clear that the location of the parks, Community-Hall etc. etc. as detailed above, should be as near to the village abadi as possible. The suggestions leave the Delhi Development Authority with an opportunity to display its skills in planning and architectonic virtuosity. I grant it three months time to demonstrate the same.
(16) I am also leaving it to the Delhi Development Authority to suggest as to how best there can be proper integration of village with surrounding development by connecting the existing roads and paths in the village with peripheral circulation by properly aligning the roads. A fresh look will have to be given to it. The Delhi Development Authority is given three months time to make suggestion with regard to it for further scrutiny and appropriate orders. Of course, the question of vacation of the stay order shall arise only thereafter.
(17) With this the writ petition stands disposed of though the issue of implementation of the order remains very much alive. No order is made as to costs.