BHAGWAN SINGH Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) ON 9th February, 1999, petitioner had filed an application before the concerned Tehsildar/Consolidation Officer seeking cancellation of the acquisition in respect of land measuring 2 bighas 17 biswas in Khata No.453/Kila No.92/14/2, 14/4, 15/2 in Revenue Estate of Bijwasan, New Delhi and to allot deficient land at the earliest possible. Patwari's report of 16th February, 1999 on the aforesaid application was sought and thereafter, no proceedings took place which had compelled the petitioner to file a petition under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948, seeking direction for early disposal of the aforesaid application of the petitioner. Parawise comments were made by the concerned Tehsildar/Consolidation Officer in response to the aforesaid petition, which has been dismissed by the Financial Commissioner, Delhi vide impugned order of 18th November, 2010. Undisputed factual position as noted in the impugned order, is that in the year 1982, petitioner had purchased land measuring 2 bighas and 17 biswas falling in new Khasra No.92/14/2, 14/4 and 15/2 (old Khasra No.1070/1, 1071/1, 1073/1 and 1089/3), situated in Revenue Estate of Village Bijwasan, New Delhi (hereinafter referred to as the subject land), and that the possession of the subject land was taken by the Government in October, 1975 for the public purpose of construction of Bijwasan drain, in pursuance to the Notification issued in November, 1974 under Section 4 of Land Acquisition Act, 1894, which was followed by an Award No.51/86-87, wherein pre- consolidation as well as post-consolidation number of the acquired land including the subject land were detailed.

(2.) THE stand taken by the petitioner in his application (Annexure P-2) seeking cancellation/withdrawal of the subject land from acquisition, before the concerned Consolidation Officer was that the subject land was not acquired in pursuance to Notification of November, 1974 under Section 4 of the Land Acquisition Act, 1894 and the same is found to be factually incorrect as Award No.51/86-87, (copy of which has been placed on record by the petitioner's counsel alongwith copy of the revenue record), reveals that the acquired land includes the subject land as well. So, any observation to the contrary in Patwari's report (Annexure P-3) is unacceptable on the face of it. In view thereof, finding returned in the impugned order of petitioner's application (Annexure P-2) being misconceived, as petitioner has no right to seek allotment of land in lieu of the acquired subject land from the pool of Gaon Sabha, cannot be faulted with.