GOVT OF NCT OF DELHI Vs. RAN SINGH

JUDGEMENT

(1.) BY this common judgment and order, we propose to dispose of two appeals filed by the Government of NCT of Delhi through the Settlement Officer (Rural)against the judgment and order of the learned Single Judge dated March 04, 2004

(2.) THE facts relevant to the disposal of the aforesaid appeal as they emerge from the records of the case are that Shri Jai Dayal and Shri Bhim Singh, sons of Siri Chand, who were the predecessors in interest of the appellants herein, were Delhi Colonists, i. e. , parties who were possessing land in Delhi which was taken over by the British Government for the construction of the capital city of Delhi, and were allotted land in Punjab. On representations made by them, it was decided that some lands should be set apart for them within the State of Delhi to satisfy their claims. Shri Bhim Singh accordingly received allotment of 10 SAS 8 units in village Barwala for which Sanad Nos. 16 and 34 dated 20th December, 1958 and 28th November, 1967 were issued and further allotment of agricultural land measuring 4 SAS 3" units in village alipur was also made. Thus, the total allotment of agricultural land measuring 14 SAS 11" units was made to Shri Bhim Singh as communicated by the Assistant registrar (Lands), Jullundur, Punjab vide his letter 14275 dated 27th December, 1961. Similarly, Shri Jai Dayal (now deceased) represented by Shri Pratap singh, received agricultural land measuring 13 SAS 8 units in village Barwala, delhi. The deceased Shri Jai Dayal also utilised compensation of land on 5 SAS 13-1/3 in the shape of adjustment towards the sale price of a residential plot purchased by him in village Barwala. Thus, the total utilisation of land in his case came to 19 SAS 5-1/3 units.

(3.) SUBSEQUENTLY, however, a letter was received from the Assistant registrar (Lands), Department of Rehabilitation, Government of Punjab on 08. 03. 1985 intimating that the Jamabandi of the village where both the aforesaid persons had land had been received from West Pakistan according to which the aforesaid persons were entitled to 8 SAS 4-1/3 units each, which meant that excess allotment of land had been made to the extent of 6 SAS and 6 " units to shri Bhim Singh and 11 SAS 7" units to Shri Jai Dayal. Action for cancellation of the excess allotment was requested by the Department. Pursuant to the receipt of the aforesaid verification report, notice was served upon the allottees to show cause why the excess allotment of land be not cancelled. Initially, Shri Partap Singh, son of Shri Bhim Singh appeared before the managing Officer and admitted to having received the allotment as aforesaid and requested for time to produce evidence to show that the allotment was in accordance with their title. But subsequently, he failed to appear despite the fact that the records were made available in accordance with his request. Consequently, ex party proceedings were taken against both the allottees and suo moto reference made to the Authorised Chief Settlement Commissioner under section 24 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as "the Act") for setting aside the allotment to the extent of the excess area allotted to them.