Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
7.3 The above observations, however, do not suggest that the appellant has not
committed any error. In fact, he has not come to the court with clean hands. On
the basis of documents available on record it is amply clear that the land
through an agency called "Land Dev. Corporation" had been carved out into
the form of plots and sold to several persons who had later on formed a society
namely "Indira Enclave". Moreover, the original bhumidars also sold their land
to the appellants who constructed a gurudwara. Thus it appears to be true that if
the encroachments which had come up on the agricultural land in the shape of
plots, built up structures, houses were not demolished, a huge unauthorised
colony would have come up by now. It is also true that if all the provisions as
laid down u/s 81 of the Act had been followed by the Ld. SDM/RA, Shri C.P.
Tripathi or Shri J. K. Dadoo the land would have been vested finally in Gaon
Sabha against which no remedy would have been made available. But due to
failure on these officers substantial damage has been caused to the credibility
of the institution of SDM/RA and also resulted in financial loss to the Gaon
Sabha/Dte. of Health Services, who have developed the land and constructed a
boundary wall over the land.