RAJDHANI PARK KALYAN KARINI SAMITI Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) Writ Petition (C) No. 2472 of 1987 has been filed by the Rajdhani Park Kalyan Karini Samiti and seven others challenging an order dated 7.4.1986 passed by the Settlement Officer (Consolidation). The companion Writ Petition (C) No. 1689 of 1988 has been filed by Smt. Aruna Rani and 12 others challenging an order passed on 18.5.1987 by the Financial Commissioner dismissing Case No. 119/1986, a revision petition under Section 42 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 ("Holdings Act"). By the impugned order the Financial Commissioner affirmed the order dated 7.4.1986 passed by the Settlement Officer (Consolidation) which order has been challenged by the Rajdhani Park Kalyan Karini Samiti in the first mentioned petition.

(2.) The Rajdhani Park Kalyan Karini Samiti (hereinafter referred to as the 'petitioner society') claims to be a society of about 1000 plot holders, including petitioners No. 2 to 8 in the first petition, who purchased plots of land of various sizes in village Mundka from the Respondent No.6 M/s. Prakash Land and Housing Corporation by way of registered sale deeds. Respondent No.6 in turn had purchased the lands from the recorded Bhumidars and sub-divided it into smaller plots before selling them to the petitioners. In time, constructions were made on these plots and an unauthorised colony by the name of Rajdhani Park has come into existence. The present dispute, however, concerns land admeasuring around 10 bighas and 16 biswas in the post- consolidation Khasra No. 74/4/2,5,6,7 and Khasra No. 74/15 allotted to the Respondent No.4 M/s. Rajinder Singh Lakra Memorial Trust ("Trust") and Shri Lal Chand respectively. The plea of the petitioners in these petitions is that allotment of land in favour of the Respondent No. 4 Trust was illegal and that the said land ought to be allotted to their vendor M/s. Prakash Land and Housing Corporation i.e. Respondent No.6.

(3.) The events leading to the filing of these writ petitions began in the year 1972, when Respondent No. 6, M/s. Prakash Land and Housing Corporation purchased agricultural lands in pre- consolidation Khasra Nos. 558, 3391/599, 867/678/581, 582, 583 etc in the revenue estate of village Mundka, from the original bhumidars through registered Sale Deeds. It appears that soon after purchasing the lands from the original bhumidars, Respondent No. 6 through its partner Shri Nandlal sub-divided them into small plots of 50, 100 and 200 sq. yds. and began selling them to individuals, including the petitioners 2 to 8 in the first petition and the petitioners in the second petition, by executing sale deeds. The plots were sold for the purpose of construction of dwelling units although the land being agricultural could not have been used for that purpose. However, Respondent No. 6 commenced construction on the lands and this led to proceedings being initiated against it under Section 81 of the Delhi Land Reforms Act 1954 (DLRA). The said lands consequently came to be vested in the Gaon Sabha.