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PETITIONER: G.N. KHAJURIA & ORS.

       Vs.

RESPONDENT: D.D.A. & ORS.

DATE OF JUDGMENT:       18/03/1996

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. G.B. PATTANAIK (J)

CITATION:  JT 1996 (4)     7        1996 SCALE  (3)123

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Time for  vacating the  school and dismantling the same as per  the judgment  of  this  Court,  as  prayed  for,  is extended till 30th April, 1996.      Though Shri  D.S.  Meshram,  Chief  Planner,  Town  and Country Planning Organization, Government of India, Ministry of Urban  Affairs and  Employment has  submitted the  report dated November  17, 1995. Unfortunately, he has not adverted to the  impact of the order of this Court nor has he brought to bear up the subject in that perspective. He has conducted only superficial  enquiry and  stated only  what is apparent and nothing  more. He  should have  subjected the enquiry in depth scrutiny  but failed  to do  that. His  report is like that of  a clerk  putting up  the  rote  and  nothing  more. However, we  have carefully  gone through the record annexed to the  report. From the record, it is clear that originally the area  was earmarked  for  the  park  and  there  was  no indication that  it was intended to be allotted to any third agency in  the land  earmarked for  the park.  In fact,  the Vice-Chairman also  had pointed  out time  and again in that behalf. He had also issued notice to have the school vacated and the  park preserved.  Though notice pursuant thereto was given, no  follow up  action was  perused. Resultantly,  the residents had to take up the matter and ultimately succeeded in getting the order from this Court.      We tried  to scan  the person responsible for deviation and  illegal   allotment  but   it  is   difficult  in   the circumstances to  pin point the actual person responsible in that behalf.  He had  skillfully managed and had camouflaged to have  the  authority  after  getting  the  plan  approved introducing the  allotment of  the site to the school. Since the plan  was approved  ultimately by  the Lt.  Governor, it went under  the carpet  of official  action. He  has escaped from the  clutches of law. Therefore, nothing can be done in the circumstances. Report is accordingly closed.

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