SAHIB SINGH Vs. LT GOVERNOR OF DELHI

JUDGEMENT

(1.) This writ petition seeks the quashing of (a) an order dated 20.4.2000 passed by the Consolidation Officer, Respondent No.3, under Section 21 (2) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 ('Consolidation Act') and (b) and order dated 23.5.2000 passed by the Financial Commissioner, Respondent No.2, dismissing the petitioner"s revision petition against the order of Respondent No.3. It seeks a mandamus to Respondent No.3 to allot, further to a scheme of consolidation, the properties in question in equal halves to the petitioner and Respondent No.4 Background Facts

(2.) The facts leading to the filing of this writ petition are that land admeasuring 58 bighas and 19 biswas in village Khanjhawala, North-West District, Delhi was recorded in the joint names of Shri Moji Ram, the father of the petitioner and Shri Amar Singh, brother of Shri Moji Ram, uncle of the petitioner, Respondent No.1 herein, in equal shares. Pursuant to an oral family settlement in 1951, both parties came into separate and exclusive cultivating possession of their respective shares of the land so divided. On 24.1.1987 an agreement was entered into between Shri Moji Ram, the petitioner's father and his brother Shri Amar Singh, Respondent No.4 herein, whereby it was decided to reduce into writing the respective shares with each of the parties as a result of the oral family settlement already arrived at in the year 1951.

(3.) Meanwhile, Shri Moji Ram agreed to give on lease land to the extent of 12 bighas and 8 biswas out of the portion that had come to his possession for the purpose of a brick kiln. Since this was not a purpose for which the land could be used, proceedings under Section 81 of the Delhi Land Reforms Act, 1952 (DLRA) were initiated and the said land came to be vested in the Gram Sabha by an order dated 22.9.1992 passed by the Revenue Assistant. Against this order, both the petitioner and Respondent No.4 jointly filed an appeal under s. 185 DLRA to the Additional Collector (North-West), Delhi.