Delhi High Court
Tarif Singh Dabas And Anr. vs Govt. Of Nct Of Delhi And Ors. on 3 September, 2013
Author: Manmohan
R-2
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10877/2009
TARIF SINGH DABAS AND ANR. ..... Petitioners
Through: Mr. J.P. Sengh, Senior Advocate with
Ms. Ankita Gupta, Advocate with
petitioner no. 1 in person.
versus
GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Rajesh Kr. Verma, Advocate for
applicant in CM Appl. No.9927/2010
% Date of Decision: 03rd September, 2013
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
JUDGMENT
MANMOHAN, J:(Oral)
CM Appl. 9927/2010 in W.P.(C) 10877/2009
Present application has been filed for impleadment by Mr. Rakesh
Dabas.
The applicant's earlier application for impleadment before the
Financial Commissioner had been dismissed by this Court. The said order
was upheld right till the Apex Court.
Consequently, keeping in view the judgment of this Court in W.P.(C)
2615/2006 decided on 17th April, 2006 as well as LPA 777/2006 decided on
11th September, 2008 and the Supreme Court's order dated 02nd April, 2009,
present impleadment application is dismissed.
W.P.(C) 10877/2009
1. Present writ petition has been filed challenging the order dated 26 th
June, 2009 passed by the Financial Commissioner in revision petition filed
by the petitioners under Section 42 of the East Punjab Holdings
(Consolidation & Prevention of Fragmentation) Act, 1948 bearing Case
Nos.103/2004-CA and 262/2004-CA.
2. In the impugned order, the Financial Commissioner has held as
under:-
"13. I have gone through the records of the case and the
comments of the Consolidation officer. It is very clear from the
comments of the Consolidation Officer that the original demand
application dated 05.07.1996 of the petitioner has not given any
side. Even if I go by the petitioner's earlier application dated
04.07.1996, the request for the land is on the North side or the
East side. No objections were raised by the other applicants.
Vide my other order dated 26.06.2009 in the case title "Sh.
Rakesh Dabas Vs. Consolidation Officer & Ors" since the
Consolidation officer is not able to fulfil the conditions of the
Consolidation Act by allotting Sh. Rakesh Dabas agricultural
land in one consolidated place, the land for which the petitioner
in the present case is now making a demand is no longer
available for allotment to him since the said land has to be
reverted back to Sh. Rakesh Dabas [plot no.38/6 & 38/7 (old)
and 142/94/16 (new)].
14. In view of the arguments raised by the respondents no.2
and 3 and in the reply furnished by respondents no.2 and 3, it
appears that the order which was issued by the then Ld.
Financial Commissioner on 20.06.2003 wherein a mention has
been made that the plots no.142/94/14 and 142/94/15 were
allotted under the 20 point programme and the Consolidation
officer could not have allotted this to Sh. Rattan S/o Sh. Vishal
and Sh. Rattan S/o Sh. Net Ram and hence the petitioner moved
a petition before the Financial Commissioner to allot these
plots to Sh. T.S. Dabas and family and since this order was set
aside by the Hon'ble High Court, on the petition by the
respondents that the order was ex-parte, the case is now being
remanded to the Consolidation Officer to examine the factum of
the legality of the allotment to Sh. Rattan S/o Sh. Vishal and Sh.
Rattan S/o Sh. Net Ram and if it is proved that they were
allotted land under 20 point programme the sale further to the
respondents would be totally illegal and void and in that case
the land would be available with the Gaon Sabha to be allotted
to the petitioner. In case that is not proved, the Consolidation
Officer should then proceed to allot land to the petitioner by
following the principle as laid down in section 6 (c) (d) (f) of the
Consolidation Act read with section 6J(i)(ii) and the
Consolidation scheme of the village at the time of notification.
The case is remanded to the Consolidation Officer for further
action as per law.
(emphasis supplied)
3. Yesterday, this Court has allowed petitioners' other writ petition
being W.P.(C) No.10876/2009. In the said judgment, this Court has held as
under:-
"42. Consequently, as the Financial Commissioner, by way of
the impugned order dated 26th June, 2009, has reviewed his
predecessor's order dated 05th August, 2005 by virtue of which
respondent No.7's (Mr. Rakesh Dabas) land was included in the
phirni/extended abadi, the same is quashed and set aside.
Moreover, as pointed out hereinabove, the impugned order has
been passed in utter disregard of the orders and directions of
this Court which were upheld right till the Apex Court.
43. However, keeping in view the undertaking given by
Consolidation Officer on 5th September, 2013, this Court directs
the Consolidation Officer to allocate to respondent no.7
(Mr.Rakesh Dabas) and petitioners their full entitlement of land
in four months. This Court also directs the Consolidation
Officer to allocate as far as possible large non-
fragmented/consolidated pieces of land inside extended
abadi/phirni to the petitioners and agricultural land outside
extended abadi/phirni to respondent no.7 (Mr. Rakesh Dabas)
so that their entire entitlement is satisfied."
4. In view of the aforesaid order passed by this Court, the foundation of
the impugned order no longer survives. Consequently, the same is set aside
and the matter is remanded back to the Consolidation Officer to take action
in accordance with the judgment rendered by this Court in W.P.(C)
10876/2009.
MANMOHAN, J
SEPTEMBER 03, 2013
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