DELHI DEVELOPMENT AUTHORITY Vs. MOHD. SALEEM

JUDGEMENT

(1.) This Intra-Court appeal impugns (i) the judgment dated 10th August, 2004 of the learned Single Judge dismissing W.P.(C) No.4271/2003 preferred by the Gaon Sabha, Masood Pur (Ladha Sarai) and in which the appellant DDA was a respondent; and, (ii) the order dated 20th July, 2007 of the learned Single Judge dismissing the application of the appellant DDA for condonation of 774 days delay in applying for review and consequently the application filed by the appellant DDA seeking review of the judgment dated 10th August, 2004.

(2.) NOTICE of the appeal was issued and vide order dated 24 th September, 2007 which continues to be in force, status quo as regards title and possession of the land in question directed to be maintained. The counsels have been heard. They have also filed written submissions. During the course of hearing the file of Case No.265/2002-C.A. [Revision Petition under Section 187 (b) of the Delhi Land Reforms (DLR) Act, 1954] decided by the Court of the Financial Commissioner, Delhi on 28th February, 2003 was also requisitioned.

(3.) THE respondents herein, in or about the year 1967 filed a Civil Suit inter alia for declaration, impugning the vesting of the land in the Gaon Sabha. The said Suit was decreed on 12th February, 1968 holding the order of the vesting of the said land in the Gaon Sabha to be wrong, illegal, void and without jurisdiction and not affecting the rights of the respondents. It was held that the land, though described as ,,Gair Mumkin Pahar', 'Banjar' and 'Gair Mumkin Rasta' etc. in the revenue records, was included in the ,,holding of the respondents and thus could not, on coming into force of the DLR Act vest in the Gaon Sabha as the definition of ,,holding in the said Act, till its amendment in the year 1956 allowed such land to be part of ,,holding and did not constitute waste land (though uncultivated) which under Section 7 were to vest in the Gaon Sabha. It was further held that the respondents were shown to be in possession of the land "till the year 1959, when the suit land vested in the Gaon Sabha which was shown to be in possession of the Gaon Sabha as is clear from the perusal of the copy of Khasra Girdawari for the year 1959 to 1965". However in view of the finding that respondents were original owners of the land, they were deemed to be in possession of the land.