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1993 Supreme(Del) 484

High Court Of Delhi
SANJIV - Appellant
Versus
ADMINISTRATOR OF DELHI - Respondent
Civil Writ 1188 of 1987
Decided On : 09/01/1993

Advocates Appeared:
ANAND YADAV, ARUN JAITLEY, Jayant Bhushan, Sangita CHANDRA, USHA KUMARI

Headnote:DELHI DEVELOPMENT ACT 1957 - Section 8-development plan-vast area of land acquired-plan prepared for development not according to needs of nearby village-directions issued for prepration for plan with provision of parks, community hall etc.-stay granted earlier to continue untill directions complied with-writ petition disposed of.

Jaspal Singh, J. (Oral)

( 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 con structed 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 main















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