CHIRANJILAL GUPTA DECEASED REPRESENTATED Vs. FINANCE COMMISSIONER DELHI

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petition Nos. 2762/ 81,2763/81,2764/81,2765/81,2766/81 and 2767/81 (Chiranji Lal Gupta and Anr. v. The Financial Commissioner & Ors.), as common questions arise for consideration.

(2.) The petitioners are aggrieved by an order dated 10/11/1981 passed by the Financial Commissioner, Delhi in exercise of powers under Section 42 of the East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 (hereinafter referred to as 'the Act'). The petitioners and respondents 4 to 7 arc landowners of village Tikri Kalan, Delhi. The consolidation of holdings took place in the village under the provisions of the Act which started in the year 1975. A scheme was prepared by the Consolidation Officer and was published under Section 19 of the Act on 16/05/1976. The said scheme was confirmed by the Settlement Officer under Section 20 on 17/06/1976. Respondents 4 to 7 made a demand that they be given 2 Bighas of land each in the Phimi while the petitioners made demand for one Bigha. It is next contended that in the meantime the Urban Land (Ceiling and Regulations) Act, 1976 was enacted by Parliament which imposed restrictions on holding of vacant lands in an urban area. In view of the said Act, respondents 4 to 7 made an application that they be allotted only one Bigha plot each. The petitioners, however, prayed that they may be allotted a plot of 9 Bighas 16 Biswas in the same Khasra No. 839 which was occupied by them prior to consolidation and the petitioners had their tubewell and houses on the said land. Most of other landowners in the village also revised their demands for plots. Respondents 4 to 7 submitted their applications and translated copies of the sameare filed as Annexures 'A' and 'B' respectively. Copy of the application made by respondents 4 to 7 read as follows:

(3.) The Consolidation Officer, Delhi took proceedings under Section21 (1) of the Act and decided the re-partition proceedings on 21/10/1978 which may be reproduced as under: