KANWAL SINGH Vs. GNCT

JUDGEMENT

(1.) CONSOLIDATION in Village Bakoli, Delhi commenced by issuance of notification dated 13.4.1984 and 5.3.1990 under Section 14(1) and (2) of the East Punjab Holding (Consolidation & Prevention of Fragmentation) Act, 1948. The draft Consolidation Scheme was confirmed on 8.9.1996. Re-partition of the land took place on 14.7.1997. During consolidation, late Shri Jagan, father of the petitioners was allotted one residential plot measuring 2 bigha and 2 biswas and one industrial plot measuring 6 biswas. In addition to the above referred two plots and agricultural land, he was also allotted another plot bearing number 78/25 measuring 15 biswas. The residential plot measuring 2 bighas 2 biswas as well as the plot measuring 15 biswas, which was also a residential plot, were sold by late Shri Jagan to the petitioners on 2.3.2003, after obtaining the requisite NOC.

(2.) VIDE order dated 4.2.2004, the Consolidation Officer withdrew the aforesaid plot bearing number 78/25 from the petitioners and agricultural land comprised in Khasra number 1/25 min (1-6), was allotted to them.

(3.) THE revision petition was dismissed by the Financial Commissioner vide order dated 28.2.2011, holding that the surplus land had been allotted to them and, therefore, they had no case on merit, though he accepted the contention that the impugned order had been passed by the Consolidation Officer without any notice of hearing to the petitioners and to this extent, it suffered from a legal infirmity. However, no view was taken by the Finance Commissioner on the contention of the petitioners that under the scheme, the unallotted plot was to revert back to the original owner of the land.