BHAGWAN SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) THIS Intra -Court appeal impugns the order dated 13th April, 2012 of the learned Single Judge dismissing W.P.(C) No. 591/2012 preferred by the appellant. The said writ petition was filed impugning the order dated 18 th November, 2010 of the Financial Commissioner dismissing the Revision Petition under Section 42 of The East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 preferred by the appellant and seeking a direction to the Consolidation Officer and the Govt. of NCT of Delhi for allotting alternative land to the appellant in lieu of acquired land.

(2.) THE appellant claims to have, vide sale deed dated 2 nd July, 1982 executed by one Shri Kali Ram, purchased land ad -measuring 2 bighas and 17 biswas in Khasras No.92/14/2, 14/4 and 15/2 in Village Bijwasan, Tehsil Mehrauli, New Delhi. The Financial Commissioner in his order dated 18th November, 2010 has recorded that, the consolidation proceedings in Village Bijwasan had commenced in the year 1974 -75; during the said consolidation proceedings, old Khasra numbers were re -numbered; that the Khasra numbers aforesaid of the land purchased by the appellant were the new Khasra numbers and the appellant had admitted the pre -consolidation Khasra numbers as 1070/1, 1071/1, 1073/1 & 1089/3; that acquisition notification was also issued in the year 1974, with old Khasra numbers; that in pursuance thereto, the acquisition award was pronounced in the year 1987 describing the land by pre -consolidation as well as post consolidation Khasra numbers and which was also with respect to the land aforesaid purchased by the appellant.

(3.) THE Financial Commissioner has in the order dated 18 th November, 2010 has held that the filing of the Revision Petition aforesaid by the appellant was in grossest possible abuse of procedure of law; that the land which the appellant purchased, having been acquired under the provisions of the Land Acquisition Act, 1894 the remedies of the appellant were thereunder only and the appellant could not be allotted alternative land in the consolidation proceedings. It was further observed that the possession of the acquired land had been taken on 24 th October, 1975; according to the appellant also the land was dug out in the year 1999; however the Revision Petition was filed in the year 2006. It was thus held that there was no reason or excuse for the long delay. It was yet further observed that the consolidation had taken place 35 years back and there was no reason for entertaining the Revision Petition filed in the year 2006.