BALWAN SINGH Vs. SETTLEMENT OFFICER

JUDGEMENT

(1.) ASSERTING that Gaon Sabha or Gaon Panchayat has right to use its land in the best possible manner for the benefit of the villagers, 21 petitioners claiming to be the residents of Village Mundka, Delhi, assail the impugned order of 1st February, 2007 whereby their revision petition under Section 42 of East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 (hereinafter referred as the Consolidation Act) stands dismissed while maintaining order of Settlement Officer (Consolidation) of 4th April 1983 requiring shifting of cremation ground to new location at the outskirts of extended lal dora of this village and by holding that there is no provision in the Consolidation Act to recall or review the order of 8th October, 1982 passed by his predecessor.

(2.) ACCORDING to learned counsel for petitioners impugned order of 1st February, 2007 (Annexure P-2) suffers from jurisdictional error as the power to regulate places for disposal of the dead body lies with the concerned Gram Panchayat as per Section 18(j) of The Delhi Panchayat Raj Act, 1954 and so Consolidation Authorities have no jurisdiction to shift the cremation ground from one place to another during the consolidation proceedings.

(3.) IT stands noted in the impugned order that L.P.A. by Gaon Sabha was dismissed on the ground that order of 8th October, 2002 has not been challenged. During the course of hearing, it was not disputed that LPA was filed against order of 4th April, 1983.