PANCHAYAT MAHAJANAN VILLAGE NAHARPUR Vs. LT GOVERNOR DELHI

JUDGEMENT

(1.) The petitioner is a body of Vaish Community of Village Naharpur and through their Secretary Jai Bhagwan, they have filed the present petitoin praying for quashing of the letter dated 8.5.2003 vide which the application of the petitioner for release of the land measuring about 13 biswas part of khasra No. 184, situated in Village Naharpur, Delhi was rejected. The facts giving rise to the present petition fall within a very narrow compass. The petitioner claims to be a Society registered under the Society Registration Act. They owned the above indicated land which falls in the revenue estate of Village Naharpur and are in possession of this land under the management of Shri Thakur Dass since 1938. The petitioners claim to have planted trees, got a well dug and built a dharamshala on the land in question which is stated to have been occupied by them for a considerable time. Chief Commissioner, Delhi vide notification dated 25.8.1959 issued under Clause (i) Section 13(2) (c) of the Delhi Land Reforms Act exempted the land from the provisions of the said Act on account of it being held by the petitioners for a public purpose. It is stated by the petitioners that they were maintaining a piao in addition to running a dharamshala for public benefit. However, subsequently the Deputy Commissioner, Delhi passed an order vesting the land in question in the 'Gram Sabha'. Being aggrieved from the said order, petitioner filed a civil suit for declaration before the Court which was decreed on 18.4.1964 holding that the order of the Deputy Commissioner vesting the land in the Gaon Sabha was illegal and the land was exempted under the provisions of the Delhi Land Reform Act. Despite the order of the Civil Court, the petitioner filed an application under Section 21(3) of the Delhi Land Revenue Act in the Court of the Revenue Assistant. Delhi requesting for correction of khasra girdwari. Vide order dated 19.5.1981 the correction was made.

(2.) The land of Village Naharpur was notified for acquisition under Section 4 whereafter declaration under Section 6 of the Act was issued on 6.12.1966. The award was made under Section 11 of the Land Acquisition Act in 1978-79. According to the petitioner possession of the land was not taken and the petitioner filed W.P.(C) No. 676/1982 titled as Jai Bhagwan v. Union of India challenging the acquisition proceedings and the award. The court initially directed parties to maintain status quo regarding possession vide its order dated 10.5.1982 whereafter the writ was finally disposed of vide order dated 20.3.1997 keeping in view the Full Bench decision of the court in the case of Roshanara Begum v. Union of India & Ors., 61 (1996) Delhi Law Times 206 (FB). The Court while dismissing the writ petition granted liberty to the petitioner to pray for such relief before the competent forum as they may be entitled to in law. The operative part of the order dated 20.3.1997 reads as under:- "The petitioners may apply in terms of the above paragraph to press their claims to which they are entitled in accordance with law."

(3.) In furtherance to the above orders of the Court, the petitioners moved a representation for release of the land from acquisition on 18.8.2001. Still another representation was moved through MLA of the area on 12.3.2003. The request of the petitioner was declined vide letters dated 8.3.2003 and 9.6.2003 by the authorities on the ground that as per the Land Revenue records recorded owner of the land was the Gaon Sabha and the piece of the land is surrounded by flats on all sides and as such the request of the applicant was rejected. It will be useful to refer to the contents of the above two letters which read as under:- <FRM>JUDGEMENT_606_DRJ90_2006Html1.htm</FRM>