A.P.JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) The above mentioned suit is filed by the legal representatives of late Shri Bishamber Dayal, late Shri Diwan Singh, late Shri Babu Lal Jain and late Shri Sohan Lal, who were real brothers, seeking a decree of permanent prohibitory injunction in their favour and against the defendants restraining them from causing obstruction in the use of land measuring 86 bighas and 16 biswas, bearing Khasra No.2492/1645 gair mumkin pahar in Tuglakabad, Delhi and/or dispossessing them forcibly, otherwise than by due process of law.

(2.) The facts are in a narrow compass. Late Shri Bishamber Dayal, late Shri Diwan Singh, late Shri Babu Lal and late Shri Sohan Lal died intestate, leaving behind the aforesaid land duly recorded in the Jamabandi. Since the aforesaid land was gair mumkin pahar, the plaintiffs, who are their legal representatives, claim that their family members have been using the said land for grazing cattle and for collecting fodder without any interruption till 15.05.2008, when they were obstructed by the officials of the defendants from using the aforesaid land on the ground that the land belonged to them after the coming into force of the Delhi Land Reforms Act, 1954 and the Rules framed thereunder.

(3.) The plaintiffs claim that thereupon they contacted the Revenue Officer of the area, who intimated that as per Section 7 of the Delhi Land Reforms Act, 1954, land which was waste land of common utility vests in the Gram Sabha for which compensation has been paid.