KISHAN CHAND Vs. GAON SABHA BHARTHAL

JUDGEMENT

(1.) This writ petition seeks the quashing of (i) an order dated 11.7.1994 passed by the Sub-Divisional Magistrate Punjabi Bagh/Revenue Assistant Najafgarh in Case No. 79/1994 (ii) orders dated 14.3.1995 and 13.10.1995 passed by the Additional Collector Delhi in Appeal No. 20/1994 and (iii) order dated 31.10.1995 passed by the Financial Commissioner Delhi in Case No. 236/1995 - CA.

(2.) The petitioner is a resident of Village Bharthal in Delhi. The petitioner was an allottee of a residential plot bearing Khasra No. 347 measuring 1 bhigha situated within the extended Lal Dora of Village Bharthal allotted to him during the consolidation of holding proceedings which took place in the year 1982. The plot of land allotted to the petitioner is enclosed by a 3 gatha wide phirni on the western and southern side whereas on the eastern side, a passage runs from North to South touching the petitioner's plot. On the northern side it is adjacent to plot no. 348 which belongs to one Tirath Ram. The petitioner had fenced his land, Plot No. 347, with a barbed wire fencing. He had constructed a pucca room on the plot and obtained electricity connection.

(3.) The petitioner was issued an extended abadi certificate dated 30.9.1992 in respect of Plot 347 by the SDM Punjabi Bagh. Towards the east side of the petitioner's Plot no. 347, beyond the phirni, there exists land comprising Khasra no. 184 belonging to the Gaon Sabha. In fact land in Khasra no. 184 is shown as a Johar i.e. a pond.