MOHINDER SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) THE appellants came to occupy land of one Sh. Mir Singh unauthorizedly and thereafter, on 06. 02. 1978, filed an application under Section 85 of the Delhi Land Reforms Act, 1954 (the DLR Act for short) in respect of the said land claiming bhoomidari rights. The claim of the appellants was predicated on the plea of continuous cultivatory possession and the absence of any action by Sh. Mir Singh under section 84 of the DLR Act for ejectment of the appellants. The land was alleged to be one of 123 bighas and 5 biswas and included plot no. 415 situated in the revenue estate of village Bijwasan, New Delhi, which plot is the subject matter of dispute.

(2.) SH. Mir Singh appeared in pursuance to the notice issued by the competent revenue authority and admitted the claim of the appellants. This resulted in an order being passed by the revenue Assistant, Delhi on 26. 02. 1979 declaring the appellants to be the bhoomidars of the land.

(3.) IT may be noticed that prior to the institution of the aforesaid proceedings, a scheme for consolidation was sought to be prepared for the village Bijwasan under East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 as per a notification dated 27. 03. 1974 giving opportunity to the right holders to make demands for residential plot in extended lal Dora phirni within the stipulated time. The appellants alleged that Sh. Mir Singh s/o of Sh. Ram Nath made such a demand for residential plot measuring 5 bighas as per an application dated 26. 06. 1975 and was allotted residential plot no. 415 measuring 6 bighas and 6 biswas on 25. 10. 1975. The appellants claimed that since the portion of consolidation of holdings related only to agricultural land and right holders, the appellants had no concern with the same which land became vested in the Consolidation Officer and ceased to be transferable. The repartition of agricultural land was announced by the Consolidation Officer only on 03. 12. 1975 and objections invited which were subsequently disposed of.