Shri Bhagwan Singh vs Govt. Of Nct Of Delhi & Anr.
2012 Latest Caselaw 5105 Del

*         IN THE HIGH COURT OF DELHI AT NEW DELHI
                                Date of decision: 29th August, 2012
+                     LPA No.414/2012

%         SHRI BHAGWAN SINGH                         ....Appellant
                     Through:Mr. N.S. Dalal, Mr. Sanjay Tyagi &
                             Mr. D.P. Singh, Advs.
[
                          Versus
    GOVT. OF NCT OF DELHI & ANR.               ..... Respondents
                  Through:    Ms. Purnima Maheshwari, Adv.
CORAM :-
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
RAJIV SAHAI ENDLAW, J.

1. This Intra-Court appeal impugns the order dated 13th April, 2012 of the learned Single Judge dismissing W.P.(C) No. 591/2012 preferred by the appellant. The said writ petition was filed impugning the order dated 18 th November, 2010 of the Financial Commissioner dismissing the Revision Petition under Section 42 of The East Punjab Holdings (Consolidation & Prevention of Fragmentation) Act, 1948 preferred by the appellant and seeking a direction to the Consolidation Officer and the Govt. of NCT of Delhi for allotting alternative land to the appellant in lieu of acquired land.

2. The appellant claims to have, vide sale deed dated 2 nd July, 1982 executed by one Shri Kali Ram, purchased land ad-measuring 2 bighas and 17 biswas in Khasras No.92/14/2, 14/4 & 15/2 in Village Bijwasan, Tehsil Mehrauli, New Delhi. The Financial Commissioner in his order dated 18th November, 2010 has recorded that, the consolidation proceedings in Village Bijwasan had commenced in the year 1974-75; during the said consolidation proceedings, old Khasra numbers were re-numbered; that the Khasra

numbers aforesaid of the land purchased by the appellant were the new Khasra numbers and the appellant had admitted the pre-consolidation Khasra numbers as 1070/1, 1071/1, 1073/1 & 1089/3; that acquisition notification was also issued in the year 1974, with old Khasra numbers; that in pursuance thereto, the acquisition award was pronounced in the year 1987 describing the land by pre-consolidation as well as post consolidation Khasra numbers and which was also with respect to the land aforesaid purchased by the appellant.

3. The appellant claims, that his name is not shown in the acquisition award; that he had no notice or knowledge thereof. He approached the Financial Commissioner for allotment of land to him in lieu of the pre- consolidation land.

4. The Financial Commissioner has in the order dated 18 th November, 2010 has held that the filing of the Revision Petition aforesaid by the appellant was in grossest possible abuse of procedure of law; that the land which the appellant purchased, having been acquired under the provisions of the Land Acquisition Act, 1894 the remedies of the appellant were thereunder only and the appellant could not be allotted alternative land in the consolidation proceedings. It was further observed that the possession of the acquired land had been taken on 24 th October, 1975; according to the appellant also the land was dug out in the year 1999; however the Revision Petition was filed in the year 2006. It was thus held that there was no reason or excuse for the long delay. It was yet further observed that the consolidation had taken place 35 years back and there was no reason for entertaining the Revision Petition filed in the year 2006.

5. We may highlight that the writ petition aforesaid challenging the order dated 18th November, 2010 of the Financial Commissioner was filed after more than 1 ½ year, in or about April, 2012.

6. The learned Single Judge has, after perusing the acquisition award, also returned a finding that the same included the land which the appellant claims to have purchased. The learned Single Judge has further observed that the plea of the appellant of being a bona fide purchaser is of no avail and is an afterthought. It has yet further been observed that the appellant could, notwithstanding the land being under acquisition, get the 'No Objection Certificate' (NOC) for execution of sale deed issued, owing to the acquisition notification being with respect to pre-consolidation Khasra numbers and the application for NOC having been filed referring to the post consolidation Khasra numbers. The learned Single Judge has held that the remedy if any of the appellant was against the person from whom the appellant had purchased the land.

7. We may at the outset observe that the very purchase of the land by the appellant was contrary to law, in the face of the acquisition notification and the consolidation proceedings being underway. The claim of the appellant being steeped in illegalities, the appellant has no equity in his favour.

8. We even otherwise find the matter to have been deftly dealt with by the Financial Commissioner. The land which the appellant purchased, was not only subject matter of consolidation proceedings but an acquisition notification had also been issued with respect thereto and which culminated in the acquisition award. The land having been acquired, no question of the

appellant in the consolidation proceedings, being entitled to any land in lieu of pre-consolidation land, arises.

9. There is thus no merit in this appeal; the same is dismissed.

No order as to costs.

RAJIV SAHAI ENDLAW, J

ACTING CHIEF JUSTICE

AUGUST 29th , 2012 pp