Full Judgment Text
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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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