SARVA MITTER KATARIA Vs. GAON SABHA, BURARI

JUDGEMENT

(1.) ADMIT . With the consent of the counsels for the parties, we have heard the matter finally at this stage.

(2.) THE admitted facts are that the Revenue Assistant (RA) had initiated suo moto proceedings under Section 81(2) of the Delhi Land Reforms Act, 1954 on the ground that though the land in question, belonging to the appellant, was agricultural land, construction activity was going on therein which was not permissible. The appellant explained that the construction was only over 5% area of the land and 95% was still in use as agricultural land. The RA found himself satisfied with the aforesaid explanation and dropped the proceedings vide order dated 6th December, 2001.

(3.) THE Gaon Sabha approached the Financial Commissioner (FC) challenging the order of the Appellate Authority. The FC vide order dated 23rd July, 2010 upheld the order of the Appellate Authority holding that Gaon Sabha had no locus standi to file the appeal in case of suo moto proceedings initiated under Section 81(2) of the Act by the RA. However at the same time the FC even looked into the merits of the case and did not find any merit in the challenge by the Gaon Sabha and thus the appeal of Gaon Sabha was dismissed by the FC as not maintainable and even on merits.