LAWS(DLH)-2012-10-292

BHIM SINGH Vs. GAON SABHA, KANJHAWALA

Decided On October 16, 2012
BHIM SINGH Appellant
V/S
GAON SABHA, KANJHAWALA Respondents

JUDGEMENT

(1.) THESE intra-court appeals impugn the common order dated 09.02.2012 of the learned Single Judge dismissing W.P.(C) Nos.6876/2007 and No.2148/2011 preferred by the appellant. Though the appeals are delayed by 195 days and accompanied with an application for condonation of delay and further though we do not find any sufficient cause to have been made out for condonation of delay but to satisfy our judicial conscience, we have heard the counsel for the appellant at length on merits as well.

(2.) THE appellant claims to have, in or about the year 1995, filed a petition under Section 85 of the Delhi Land Reforms Act, 1954 (DLR Act) seeking a declaration of his having become bhumidhar of land ad-measuring 5 Bighas and 15 Biswas in Khasra No.33/18 in the Revenue Estate of village Kanjhawala, Delhi occupied by him without title and no suit for his eviction therefrom having been filed within the prescribed period of limitation.

(3.) THE petition aforesaid preferred by the appellant under Section 85 of the DLR Act was rejected / dismissed by the Revenue Assistant vide order dated 01.11.1999 on the basis of report of the Tehsildar that the said land was under the Gaon Sabha and had on 29.03.1996 been leased out for 99 years to Revenue Department for development of Growth Centre; yet another reason given was that the appellant could not furnish any details of his continuous agricultural use of the land.