SUBHASH CHAND AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged vires of Rule 6 (j) (v) of Delhi Holding (Consolidation and Prevention of Fragmentation) Rules, 1959 (Rules, for short) as being violative of Articles 14 and 19 of the Constitution of India and also on the ground that it suffers from the vice of excessive delegation; is beyond the scope, sphere and does not conform to the East Punjab Holding (Consolidation and Prevention of Fragmentation) Act, 1948 (Act, for short).

(2.) The petitioner had entered into two separate agreements to sell for purchase of two industrial plots each measuring 6 Biswas (about 300 square yards) in Khasra No.81/154 with respondent Nos.3 and 4 and in Khasra No. 81/155 with respondent Nos.5 and 6 situated in village Bakauli, Delhi-36.The said respondents, it is alleged, did not abide by and refused to comply with the contractual terms and, therefore, the petitioner has filed two civil suits for specific performance. During the pendency of the civil suits, the said respondents took the plea that the suit for specific performance is liable to be dismissed in view of Rule 6 (j) (v). This compelled the petitioner to file the present writ petition.

(3.) Rule 6 (j) (v) reads as under:-