RAJDHANI PARK KALYAN Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) In the year 1972, Prakash Land and Housing Corporation (hereinafter referred to as "M/s Prakash") purchased agricultural land comprised in pre-consolidation Khasra Nos.558, 3391/599, 867/678/581, 582, 583, 580, 579, 573, 674, 2131 and 2130 in the revenue estate of Village Mundka from the original Bhumidhars of the said land. M/s Prakash divided the said land into small plots of varying sizes and sold those plots to various individuals, including petitioners No.2 to 8 in W.P.(C) No.2472/1987, who were also the petitioners in W.P.(C) No.1689/1988, for the purpose of construction of dwelling units. Since M/s Prakash had commenced construction on the aforesaid land, proceedings under Section 81 of Delhi Land Reforms Act, 1954 were initiated against it and the said land consequently came to be vested in the Gaon Sabha. The aforesaid vesting of land in Gaon Sabha, however, came to an end on 24th April, 1977.

(2.) On 29th September, 1975, notification under Section 14 of the East Punjab Consolidation Land Holding Act was issued by the Lieutenant Governor of Delhi declaring intention to frame a Scheme for Consolidation. The said Scheme was prepared on 16th November, 1979 and confirmed on 27th May, 1976. Re-partition in terms of Section 21 of the Act took place between 26th June, 1976 to 15th September, 1976.

(3.) On 19th December, 1980, an application was filed by a Society named Rajender Singh Lakra Memorial Trust (hereinafter referred to as "the Trust") through its Secretary Shri S.S.Verma for allotment of land under the Consolidation Scheme. Vide order dated 29th April, 1981, the Consolidation Officer made allotments in the name of some Bhumidhars, though no allotment in favour of the Trust was made. The original Bhumidhars then executed registered gift deeds in favour of the Trust whereby they gifted the aforesaid land to the Trust.