TIKKA BRIJENDER SINGH BEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is the recorded owner of property bearing No.132, Golf Links, New Delhi. The first owner of this property was Prem Kumari. The father of the petitioner had purchased this property from Prem Kumari on 02.8.1956. This sale deed recorded the area of the land as 335 sq. yards or "thereabouts". Contention of the petitioner being that the factum of mentioning "thereabouts" clearly indicates that the authorities were themselves not certain about the exact area of the plot at the site. In the proposed lay out plan the size of the plot was 390 sq. yards. The entire Golf Links area is divided into crescents. There are two types of crescents; one in which the facility centres and parks are provided and the other comprises of four smaller crescents. The house of the petitioner (No.132) falls in one of the smaller four crescents. The lanes are small and measure between 17 feet to 17.6 feet. A copy of the plan has been placed on record which has been highlighted to substantiate this submission. Another submission being that owner of plot no.142 had been allotted an additional strip of land measuring 25 sq. yards which had reduced the road to 16 feet 3 inches.

(2.) The father of the petitioner had submitted a plan for construction to the NDMC but that plan was not approved. On inspection it was found that whereas in the layout plan the size of the plot was 390 sq. yards but in the lease deed it was noted as 335 sq. yards. On 13.3.1958 the father of the petitioner requested the respondent to allot this piece of additional land (55 sq. yards) which was already under the user of the petitioner. Vide communication dated 11.4.1958 and 12.4.1958 the father of the petitioner informed the Ministry of Rehabilitation that since the area at site was more; accordingly a demarcation be carried out. On 03.7.1958 the CPWD demarcated the plot and submitted its demarcation report to the Settlement Commissioner. As per this report the area of the plot (No.132) was 390 sq. yards. The building was constructed upon this plot in the year 1958-59 by the father of the petitioner. On 12.02.1961 a letter was received from the Settlement Commissioner by the father of the petitioner to deposit a sum of Rs. 4941.75 per sq. yard towards the cost of this extra 55 sq. yards contained in the plot which was under the use and occupation of the petitioner. This demand was reiterated on 19.8.1961. On 12.02.1963 the respondent informed the petitoner that in case this amount is not paid up the same would be recovered from the father of the petitioner as arrears of land revenue.

(3.) The office notings dated 27.7.1964, 20.10.1964 have been highlighted. Attention has been drawn to the said documents. Submission is that this additional 55 sq. yards of land already being in the use and occupation of the petitioner upon which construction had been raised by the father of the petitioner (335 +55= 390 sq. yards) as it was always considered to be an integral part of the plot of the petitioner. This plot of land measuring 390 sq. yards has remained in peaceful and undisturbed possession of the petitioner even after the death of his father; it continues to remain in his peaceful possession. After the death of the father of the petitioner on 03.10.1992 the property devolved upon the petitioner; it was mutated in his name on 27.5.1993.