GOVERNMENT OF NCT OF DELHI Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS intra court appeal impugns the order dated 18th April, 2006 of the learned Single Judge allowing WP(C) No. 8620-22/2005 preferred by the respondents 1 to 3 and issuing mandamus to the appellants to give possession of 21 biswas of land comprised in khasra No. 333/3, Village Holambi Khurd, Delhi to the respondents 1 to 3 and to make the necessary mutation entry in the revenue records qua the said land in their favour. The appeal also impugns the order dated 27 th July, 2007 of dismissal of the application filed by the appellants for review of the order dated 18 th April, 2006. Notice of the application was issued. The respondents 2&3 died during the pendency of the appeal and their legal heirs were substituted. Shri Sultan Singh, Shri Ratan Singh and Shri Amar Singh filed CM.No.14/2010 for impleadment in the present appeal and which was allowed on 6th May, 2011 and they were impleaded as respondents 4 to 6. The counsels have been heard.

(2.) GAON Sabha of Village Holambi Khurd passed a resolution dated 20 th December, 1976 whereby the land admeasuring 18 biswas in Khasra No.63 of the respondents 1 to 3 and of Shri Mohan Lal (who died leaving behind respondent no.5 Shri Ratan Singh and respondent no. 6 Shri Amar Singh as his sons) and respondent no.4 Shri Sultan Singh was taken by the GAON Sabha for construction of road from village Holambi Khurd to Puth Khurd. The said resolution recommended allotment of 2 biswas of land adjacent to the village pond to each of the respondents 1 to 4 and the predecessor of the respondent 5 and 6, in lieu the land so taken over. However, the land could not be handed over and the GAON Sabha again passed a resolution dated 25 th October, 1985 recommending allotment of 5 biswas of land to each of the aforesaid persons in Khasra 334/2. The said resolution was also endorsed by the Village Development Committee, Delhi Administration vide Resolution No. 1 dated 3rd February, 1992. In this manner 18 biswas of land belonging to respondents 1 to 4 and to the predecessor of respondents 5 and 6 in Khasra No.63 was exchanged with 25 biswas i.e. 5 biswas each, of land in Khasra No. 334/2 falling in the extended abadi.

(3.) THE respondents 1 to 3, after remaining quiet for nearly 8 years, filed WP(C) No. 1212/2001 claiming mandamus for allotment of additional 21 biswas of land. THE said writ petition was disposed of vide order dated 29 th November, 2001; it was observed that the petition was highly belated and the respondents 1 to 3 were not entitled to any relief because of delay and laches in as much as their land was taken in the year 1976 and the first representation for additional land was made in the year 1993; the counsel for the respondents 1 to 3 then urged that the only relief which he was pressing was for the representation to be decided by the appellants; this Court observed that there could be no objection to the said relief and accordingly directed the appellants to within ten weeks decide the representation made by the respondents 1 to 3 in the year 1993.