MAM CHAND Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) IN this petition, suspecting encroachment upon petitioner's land comprising of six bighas in khasra No. 389 situated in the revenue estate of Village Bhalswa Jahangirpuri, Delhi (hereinafter referred to as subject land), petitioners seek demarcation of the subject land. The consequential relief claimed is of restoration of the encroached land of the petitioner or direction to the respondents to acquire it, as per provisions of the Land Acquisition Act and to accordingly compensate the petitioner.

(2.) PETITIONERS rely upon revenue record -khasra Girdawari of the year 2001-02 (Annexure P-2 colly.) to assert that they are in the cultivatory possession of the subject land and when their possession was threatened to be disturbed, they had filed a civil suit seeking permanent injunction against respondent No. 3-Delhi Tourism & Transportation Development Corporation Ltd., which was dismissed vide order of 29th January, 2004 (Annexure P-5).

(3.) AFORESAID Demarcation Report (Annexure R-1) was found to be not acceptable vide detailed interim order of 20th December, 2005 and vide aforesaid order, the concerned Dy. Commissioner was directed to conduct an enquiry in this matter. Accordingly, Enquiry Report of 13th April, 2006 along with copies of field book, Award No. 816, Revenue Record and the statement of the concerned Patwari was submitted by the Dy. Commissioner concerned. The findings of the aforesaid Enquiry Report are as under:- i) That the land in question (khasra No. 389) was acquired vide Award No.816 dated 23.11.1956; ii) That the possession of the land had been handed over to the Municipal Corporation of Delhi in 1957-58 ; iii) That the revenue authorities had in order to please Shri Bhoop Singh had shown the said land to be in his cultivatory possession and the order dated 30.07.1996 declaring Shri Bhoop Singh as a Bhumidar under Section 85 of the Delhi Land Reforms Act is illegal; iv) that the said subject land is a part of Gair Mumkin Jheel and no cultivation is possible on it.