BHAGAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have filed the present writ petition under Article 226 of the Constitution of India claiming that their forefathers were in exclusive, constructive and actual physical possession of part of Khasra No.1865 measuring 102 Bighas and 9 Biswas (Abadi) forming part of the Revenue Estate of Village Bhaati Kalan. Out of the total land, the petitioners claim rights in respect of 72 Bighas and 9 Biswas arising much prior to the Delhi Land Reforms Act, 1954 (the said Act for short) coming into force. The petitioners allege that R-1 and R-2 came to demolish a part of the structure on the land in question on 28.06.2010 but by physical resistance the petitioners and the other villagers were able to prevent R-1 and R-2 from taking any action. The petitioners preferred Civil Writ Petition No.4677/2010 under Article 226 of the Constitution of India seeking relief of protection of their properties, but this writ petition was dismissed on 9/7/2010 by a speaking order. The said speaking order has not been placed on record and thus we are unaware of the reasoning of the dismissal of the earlier writ petition.

(2.) Now the present writ petition has been filed seeking quashing of the Notification dated 04.04.1996 published in the Delhi Gazette in terms whereof the land of the Gaon Sabha falling in the ,,Ridge area was declared as surplus land and excluded from vesting in the Gaon Sabha. It would be appropriate to reproduce the Notification which reads as under: <FRM>JUDGEMENT_1433_ILRDLH20_2010Html1.htm</FRM>

(3.) It is thus apparent to us from the aforesaid Notification that it is in pursuance to the orders of the Honble Supreme Court that uncultivated surplus land falling in the ,,Ridge area was declared as surplus and excluded from vesting in the Gaon Sabha being placed at the disposal of the Forest Department.