MOHAN LAL Vs. GAON SABHA, BAKHTAWAR PUR

JUDGEMENT

(1.) THE petitioners are the bhoomidars of land measuring 2 bigha 14 biswa comprised in Khasra No. 29/1/1 in Village Bakhtawar Pur, Tehsil Narela, Delhi and claim to be cultivating the said land for several decades.

(2.) IT was reported by the Halqa Patwari to the concerned Magistrate and Revenue Assistant that illegal/unauthorized construction/ unauthorized non- agricultural use of agricultural land was going on over the said land. Vide order dated 13.4.2009, the concerned SDM/Revenue Assistant, exercising powers under Order 39 Rule 1 and 2 of CPC read with the provisions of Section 83 of Delhi Land Reforms Act, 1954 directed that all kind of illegal constructions/non-agricultural activity on the aforesaid land be stopped immediately, by the Bhoomidar/respondent till further orders. It was further directed that a copy of the order be served upon the respondent by post or in person and by pasting. Pursuant to the aforesaid order passed by the concerned SDM/Revenue Assistant, a notice addressed to the petitioners namely Mohan Lal, Ved Ram, Raj Kumar and Ram Singh of Village Bakhtawar Pur was issued requiring them to appear before the SDM/Revenue Assistant on 21.4.2009.

(3.) THE aforesaid conditional order dated 10th February, 2010 was followed by a final order dated 4th April, 2011 passed under Section 81 of the Delhi Land Reforms Act, 1954. A perusal of the aforesaid order would show that the Halqa Patwari had reported on 4th April, 2011 that the respondents had not complied with the conditional order dated 10th February, 2010 and the land in question had not been brought back into agricultural use.