DHANI RAM Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THE challenge in each of the three petitions is to the order dated 16 th May, 2008 of the Collector (North West), Kanjhawla, Delhi. THE matter has a chequered history of litigation. For the sake of clarity, reference is made to the petitioner in each case by the name of the original petitioner irrespective of the legal heirs having been substituted.

(2.) THE genesis of the dispute is the scheme for consolidation under the provisions of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 (Consolidation Act) finalized on 14th May, 1973 with respect to village Khera Khurd, Delhi. Shri Ram Saroop (petitioner in WP(C) No. 523/2009) was the owner of pre-consolidation Khasra No. 928/1 in the said village. Four residential plots were carved out of the said Khasra (they were given numbers 544, 546, 547 and 548). As per the scheme, every bhumidhar was entitled to allotment of residential plot of maximum limit of 2 (two) bighas. Shri Ram Saroop made a claim for 2 bighas of residential plot and against his entitlement of 2 bighas of residential plot, he was allotted plots no. 546 and 547. Shri Dhani Ram (petitioner in WP(C) No. 4200/2008) and Shri Ram Pat (petitioner in WP(C) No. 4897/2008) being other bhumidhars of the village, were against their claims for residential plots allotted plots no. 548 and 544 respectively.

(3.) SHRI Dhani Ram and SHRI Ram Pat preferred WP(C) No. 1371/1978 and WP(C) No. 70/1979 in this Court challenging the decision aforesaid of the Additional Collector. The said writ petitions were disposed of vide common judgment dated 29th July, 1999. It was held that the Additional Collector had not examined the respective pleas of the parties and had given findings without explaining the entitlement of each party and without reference to the consolidation scheme on the basis of which rights had accrued to the parties. Accordingly, the order dated 8th November, 1978 of the Additional Collector was set aside and the matter remanded to the Additional Collector for decision afresh.