KASHI RAM Vs. UOI

JUDGEMENT

(1.) IN the year 1950, petitioner and his co-villagers had decided to start a High School in Village Ujjawa, Delhi and to run the said school the villagers had given some of their agricultural land to Dabur Educational Trust to augment the income which would be used for running the said school. Petitioner alongwith his co-owners had purportedly given 14 Bighas and 14 Biswas of agricultural land of Khasra No. 606 in Village Dandsa, Delhi to the aforesaid Trust and according to the petitioner, the said school was taken over by Delhi Administration in the year 1952 but the petitioner who was living 10 kilometers away from the said school did not come to know about it and only in the year 1998, petitioner came to know that the said school has been taken over by the Delhi Administration.

(2.) UPON learning that Dabur Educational Trust has ceased to exist, petitioner had filed a suit for possession of the aforesaid land against the said Trust before SDM, Najafgarh and the petitioner had learnt that the aforesaid land vested in Gaon Sabha Dandsa, Delhi and the same had been subject of consolidation proceedings. Despite Dabur Educational Trust having no objection to the said subject land being returned to the petitioner, SDM, Najafgarh, Delhi dismissed petitioner's suit for want of jurisdiction in May, 2002, although Gazette Notification of the year 1959 had exempted the land in question from the operation of the Delhi Land Reforms Act, 1954.

(3.) AS per the petitioner, vesting of the subject land in Gaon Sabha Dandsa, Delhi without notice to the petitioner/owner, in spite of Delhi Land Reforms Act, 1954 being inapplicable, and in view of Dabur Educational Trust having no objection, to the return of the subject land to the petitioner, inaction of the Respondents is clearly arbitrary and illegal.