CHAND RAM Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) THE 70 petitioners claim to be the Bhumidhars of 70% of the land in village Mundela Khurd, Najafgarh, New Delhi. It is their case that a scheme for consolidation was mooted for the said village in the year 1972 but which inspite of passage of nearly 40 years has not been concluded as yet. THEy further claim that they are still in possession of their pre- consolidation holdings.

(2.) THE petitioners themselves have in the writ petition disclosed an earlier round of litigation relating to the consolidation proceedings in the village. One Mr. Sarup Singh and others had filed W.P.(C) No.4144/1998. From the order dated 23rd July, 2007 in the said writ petition, it transpires that it was found by the Single Judge that the Consolidation Proceedings stood concluded.

(3.) THE averments made in the petition require a lot of investigation of facts including into the records as to consolidation. It has been enquired from the counsel for the petitioners as to whether the remedy of a revision petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 would not be a proper remedy for making the grievances as made in the present writ petition. It is felt that the Financial Commissioner in exercise of powers under Section 42 of the Act is better equipped to go into and answer the questions as raised in this writ petition.