TULSI RAM Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) The present petition has been filed by the petitioner with the following prayers-

(2.) The case set up by the petitioner in the writ petition is, that the land in question has been given on lease by the Government of India to one Pandit Kishan Chand, who in turn sublet the same to the Delhi Peasant Cooperative Multipurpose Society Ltd. (hereinafter referred to as 'Society') for the purpose of cultivation. The Society continued to pay lease money to Delhi Improvement Trust to whom the land has been handed over by the Government of India for the purpose of management and the Members of the Society continued to pay rent of the Society. It is also stated that the Society has been originally a direct tenant, however, after the incorporation of the Society, the petitioner as a Member was entitled to exercise his right over the land and was thus paying rent to the Society for his share of the land.

(3.) It is averred that immediately on receipt of the first show cause notice, the petitioner appeared and filed his objection stating that he is a poor person and with hard labour / efforts, has developed the barren land for agricultural purpose and earning the livelihood from the same and as such, he is not an unauthorized occupant. It is his case that on one hand the Government is regularizing the unauthorized colonies and squatters on Government land and on the other uprooting the poor farmers who are earning their livelihood by cultivation on the land in dispute. It is averred that even otherwise, after coming into force of the Delhi Land Reforms Act, 1954 the petitioner has a vested right in the land and the petitioner could not be evicted from the premises other than in accordance with the provisions of the said Act.