SHIKSHA DEVI Vs. GAON SABHA RITHALA

JUDGEMENT

(1.) DISPUTE pertains to agricultural land in village Rithala which as stated in the plaint was acquired vide award No.16/85-86 and vested in the Union of India.

(2.) CONTEMPORANEOUS with the proceedings for acquisition of the land, the revenue assistant had initiated proceedings under Section 81 of Delhi Land Reforms Act on the ground that the land had been put to non-agricultural use. A conditional order required by law was passed giving 3 monthstime to the recorded bhuomidars to restore the land to agricultural use. It was followed by a vesting order dated 26.4.1985 holding that since land was not restored to agricultural use it stood vested in the Gaon Sabha.

(3.) THE land owners had a problem. Before the award was published, land was shown as vested in Gaon Sabha. Thus, no compensation could flow to them. Their grievance that vesting order was without following principles of natural justice could not be got adjudicated under the Delhi Land Reforms Act,1954. They filed a civil suit stating in the plaint (para 1) that they were the recorded bhumidars of the land. That the land was acquired vide award No.16/85-86 and was vested in the Union of India (para 2). They stated that the conditional vesting order and the final vesting order were without notice to them. They prayed that declaration be issued that the land acquired vide award No.16/85-86 was owned by them as Bhumidars and that vesting order dated 26.4.1985 was illegal. They sought a permanent injunction against the Land Acquisition Collector restraining him from making any payment to the Gaon Sabha.