RAJENDER SINGH Vs. H A ARFI

JUDGEMENT

(1.) This petition under Article 226 and 227 of the Constitution of India is directed against the order of the Additional Collector, Delhi dated 25th July, 1983 whereby the appeal filed by the petitioner under Section 21(4) of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Act') as applicable to Union Territory of Delhi, was dismissed.

(2.) . The petitioner is a Bhumidar in village Bijwasan, Delhi and respondents 2 to 4 also hold land in the same village. Respondent No. 2 purchased the land from respondent No. 3 during the pendency of consolidation proceedings in village Bijwasan, Delhi. Consolidation scheme for village Bijwasan in terms of the provisions of Section 19(1) of the Act was drawn and published by the Consolidation Officer and the same was confirmed under Section 20 of the Act. After the scheme became final, the re-partition under Section 21 of the Act started. The petitioner was allotted land comprising Khasra Nos. 75/16 (4-16), 17 East (1-16), 24 East (1-16) 25 (4-16), 76/11-12 South (2-15) and 20 (4-12) by an order dated 27th June, 1977. Feeling aggrieved by the order of 27th June, 1977, one Shri Bhagwana and few other filed an appeal under Section 21(4) of the Act before the Additional Collector. However the appeal was dismissed on 26th August, 1978 and the order of allotment in favour of the petitioner was confirmed. Since this order was not challenged by Shri Bhagwana and others by way of proceedings under Section 21(4) of the Act, the allotment in favour of the petitioner became final.

(3.) . Subsequently on an application made by respondent No. 3, the Consolidation Officer by order dated 27th March, 1980 changed the allotment and respondent No. 3 was allotted Khasra No. 76/20. The case of the petitioner is that this order was passed ex pane and the petitioner was not given any notice regarding the proceedings initiated by respondent No. 3 before the Consolidation Officer. The petitioner came to know about the order passed by the Consolidation Officer from the Patwari when he went to measure the land in possession of the petitioner on 27th January, 1981. The petitioner was told that the land comprising Khasra No. 76/20 had been allotted to respondent No. 2. The petitioner thus applied for a certified copy of the order which was made available to him on 13th March, 1981. The petitioner thereafter filed an appeal challenging the order of 27-3-1980. Along with the appeal, the petitioner also moved an application under Section 21(5) of the Act for condonation of delay giving the detailed facts why the appeal could not be filed within 30 days of the date of the order. The appeal however was dismissed on 26-8-82 as barred by time.