RISHI PRAKASH Vs. DAYAWATI

JUDGEMENT

(1.) Pursuant to the notification issued under Section 14(1) of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as "the Act"), followed by notification under Section 14(2) of the Act, a scheme for consolidation of the land comprised in Village Poothkhurd was framed and announced by the Consolidation Officer. The appellants and the respondent, being the Khata holders of the said Village demanded 2 bighas 2 biswas and 19 biswas (61 biswas) respectively of the residential land in the said Village. Initially, the appellants were allotted residential plot number 814 to the extent of 2 bighas 2 biswas. The allotment was later on changed to land measuring 2 bighas and 2 biswas (2-2) out of Plot No.154/819 on 26.7.2000. The land allotted to the appellant formed part of a bigger plot measuring 3 bighas and 1 biswas (3-1). The remaining land in the said plot, measuring 19 biswas was allotted to the respondent.

(2.) Vide letter dated 13.1.2003 addressed to the SDM (Narela), the respondent complained that though she had been allotted land on the northern side facing main Ganga Toli Road, the appellants were trying to erect a boundary wall on the whole of the plot. The SDM was accordingly requested to give demarcation of the plot of the respondent after earmarking the same. Vide proceedings dated 3.1.2003, the Consolidation Officer recorded that he had called both the parties for demarcation of sides of residential plot number 154/819 (3 bighas and 1 biswas), and that the Halqa Patwati had reported that in the record of consolidation, no sides were mentioned. He further noted that the appellants wanted plot on the western side. The husband of the respondent, who appeared before the Consolidation Officer on her behalf, stated that at the time of allotment an impression was given that sides of the plot were clearly stated in the file. He requested that the concerned file be located and if the sides are not found mentioned therein, the respondent be given land having frontage on Ganga Toli Road. The proceedings before the Consolidation Officer were therefore held on various dates and vide order dated 9.4.2003, the Consolidation Officer, after hearing the parties and considering their written arguments and purporting to act under Section 43A of the Act, inter alia, passed the following order:

(3.) Being aggrieved from the order passed by the Consolidation Officer on 9.4.2003, the respondent preferred a revision petition before the Financial Commissioner, Delhi under Section 42 of the Act. Allowing the revision petition filed by the respondent, the Financial Commissioner, inter alia, held as under: