DHANI RAM Vs. RAM SARUP

JUDGEMENT

(1.) These two writ petitions arise from the common set of facts and orders and are accordingly being disposed of by this common judgment. Writ Petition (C) No. 3232 of 2002 has been filed by the legal representatives of Shri Dhani Ram seeking the quashing of an order dated 5.2.2002 passed by the Financial Commissioner, Delhi in case No. 105/2001-CA being a revision petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 ('Holdings Act') by which, while setting aside the order dated 9.3.2001 passed by the Collector, the Financial Commissioner directed that plot No. 548 measuring 1 bigha and 11 biswas in village Khera Khurd, Delhi allotted to the petitioners herein should be withdrawn and allotted to the contesting respondents Nos.2 to 9 herein.

(2.) Writ Petition (C) No. 3506 of 2002 has been filed by the legal representatives of Shri Ram Pat against the same order dated 5.2.2002 passed by the Financial Commissioner which inter alia directed that plot No. 544 measuring 1 bigha and 11 biswas situated in Khera Khurd, Delhi should be withdrawn from the petitioners and allotted to the contesting respondents Nos. 2 to 9.

(3.) The facts leading to the filing of the present petitions are that a Notification was issued on 14.1.1970 under Section 14 (1) of the Holdings Act declaring the intention of Government to make a scheme for consolidation of holdings in village Khera Khurd, Delhi. A further Notification was issued on 27.12.1972 under Section 14 (2) of the Holdings Act, appointing the Consolidation Officer. The Musawarti Committee of the villagers was elected on 18.1.1973. The draft scheme is stated to have been prepared thereafter in the presence of all the residents of the village in consultation with the Musawarti Committee. On 14.5.1973, the Consolidation Scheme was announced in terms of Section 19 (1) of the Holdings Act. In terms of Section 20 (2) of the Holdings Act, the villagers were permitted to file objections within 30 days before the Settlement Officer (Consolidation).