SHIVINDER SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Another case of fight over 1 bigha land. Fortunately it relates to its location. Consolidation took place in village Mitraon. East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 governs consolidation and repartition of holdings in Delhi. Scheme of consolidation framed under Section 20 of the Act required that lands abutting the mettled 'Dhasa' Road (also called Najafgarh Road) were to be treated as compact block and holding allotted to the land holder as it is.

(2.) For record, the scheme aforesaid was not filed by any party along with the pleadings, but copy was handed over in Court during arguments. Parties also handed over Aksh Shajra of pre-consolidation Khasra Nos. 421 and 420. Petitioners and contesting respondent, being respondent No. 3 had filed certified copy of the Aksh Shajra. It showed a variance in the location of the 2 Khasras. One relied upon by the petitioner showed that towards the south eastern side, Khasra No. 421 abutted Najafgarh Road. One filed by respondent No. 3 showed that it did not. It showed that the south-eastern edge of the Khasra was just a little away from the road.

(3.) For record, impugned order has not dealt with the location of Khasra Nos. 421 and 40.