SURJAN SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) In these writ petitions, under Article 226 of the Constitution of India, the petitioners question orders made by the Financial Commissioner in consolidation proceedings, in terms of the East Punjab Holdings (Consolidation and Prevention of Fragmentation ) Act, 1948, as extended to Delhi (called "the Act") in Village Mundka, Delhi started in 1975. A scheme of consolidation was drawn up inviting applications for residential plots in the extended Lal Dora within thirty days from 1.4.76. The scheme was published and was confirmed by the Settlement Officer (Consolidation) on 26.7.1976. In terms of the confirmed scheme, repartition of residential plots within the extended Lal Dora as well as agricultural lands were effected, by authorities under the Act.

(2.) A resolution was passed by the village panchayat on 29.4.1979 suggesting variations in the scheme and on 8.5.1979 the Settlement Officer issued an order, holding inter alia that:

(3.) As demands of right-holders had to be met with, amendments to the scheme of consolidation were proposed. The draft amended scheme was published on 06.08.80. This was subsequently dropped by the Settlement officer (Consolidation) on 22.05.82 on the ground that there was no area for allotment and that a few right holders had opposed the allotment. This order was set aside by the Financial Commissioner, when challenged before him. Again, after remand, the Settlement Officer (Consolidation) did not comply with the order of the Financial Commissioner. Some Villagers, and right holders, feeling aggrieved by the order approached the Financial Commissioner. The revision petitions, in the second round, however, were rejected, on the view that once the scheme was confirmed, there was no scope for its amendment.