SIRI RAM BATRA Vs. FINANCIAL COMMISSIONER DELHI

JUDGEMENT

(1.) The petitioners are aggrieved by an Order dated 23rd October, 1992 passed by Shri S.R. Sharma Financial Commissioner, Delhi by which land allotted to the petitioners was withdrawn and the same was directed to be allotted to respondent No. 3. The facts which emerge from the reading of the petition are that consolidation proceedings started in Village Alipur, Delhi under the provisions of The East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as `the Act') in the year 1986 and the scheme of consolidation prepared under Section 19 of the Act by the Consolidation Officer was confirmed under Section 20 by the Settlement Officer on 24th July, 1987. The petitioners allegedly purchased the land in Field No. 324 (4B-16B) at Alipur by registered sale deeds dated 17th September, 1986 and were recorded bhumidars of the land and Haqdars (right- holders) at Nos. 304 to 306 for the purpose of repartition of land that was to be carried out under the provisions of Act. The petitioners opted for allotment of land in the extended Lal Dora by lodging demand in that behalf. Their request was allowed and they were allotted plot no. 679 (1-13). The applications moved in this regard are filed as Annexures-X, X1 and X2 respectively. The first application of petitioner No. 1 reads as under:-

(2.) Similar application was made by petitioners 2 and 3. While the operation of consolidation of holding was going on it was discovered by the authorities that as many as 46 landless people who were not eligible for allotment of land in the Laldora as they were not landless artisans or members of Schedule Tribes or backward Classes, had been wrongly allotted plots of land and several Haqdars who had opted for plots in the extended Laldora had been denied allotment and had obtained orders in appeals and revisions preferred before the Settlement Officer and Financial Commissioner for being accommodated in the Laldora. A proposal for amendment of the Scheme of Consolidation under Section 36 of the Act was thus mooted and approved by the Settlement Officer. In accordance with the amended Scheme of Consolidation, the Laldora was to be extended by inclusion of an area of 56 bighas and 6 biswas comprised in field Nos. 322 to 328, 461, 564, 465, 471, 472, 475, 476 to 479, 532 to 535, 552 to 556 and 579 to 581. Copy of the amended Scheme is filed as Annexure-TA to the writ petition and translated copy may be reproduced as under:-

(3.) The Petitioners claimed to be Haqdars/recorded bhumidars of field No. 324 which had been included in the extended area and claimed that they were entitled to the benefit of inclusion of their land in the extended Laldora inasmuch as according to the Scheme of Consolidation as originally framed the value of the land falling in the Laldora is three times to the value of the agricultural land. Therefore, it is contended that all right-holders whose land got included in the extended Laldora on account of amendment became entitled to the benefit of getting three times area of agricultural land or increase in the area in the extended Laldora equal to the pre-consolidation area. The amended scheme was stated to be made on 8th May, 1991 and approval was accorded on 24th July, 1991 and the petitioners as a consequence were made further allotment of plot No. 745 (8B-2B) by order dated 25th July, 1992 against which no objections were stated to be filed. The facts relating to the allotment of one Shri Dinesh Kumar, respondent No. 6 from who respondent No. 3 purchased the land are stated in paragraph 8 of the writ petition which may be reproduced as follows:-