Phool Kanwar vs Government Of Nct Of Delhi And Ors.
2018 Latest Caselaw 5187 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Date of Order: August 29, 2018

+      W.P.(C) 9085/2018 & C.M. 34973/2018
       PHOOL KANWAR                                      ..... Petitioner
                  Through:               Mr. Mohit Kumar Sharma,
                                         Advocate

                           Versus

       GOVERNMENT OF NCT OF DELHI AND ORS. .. Respondents
                   Through: Mr. Devesh Singh, Addl. Standing
                            Counsel (Civil) with Ms. Sukriti
                            Ghai, Advocate

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                           ORDER

(ORAL)

1. Ejectment order was passed against petitioner in proceedings under the Delhi Land Reforms Act, 1954 on 25th July, 1980. Petitioner's counsel submits that the said order has not been implemented against petitioner and petitioner is still in possession of the subject land. It is also submitted that no construction has been raised on the subject land, which is agricultural land.

2. It is the case of petitioner that on 29 th August, 2017, petitioner came to know about vesting of subject land in gaon sabha and soon thereafter, an application was filed for setting aside of the ex parte orders passed way back in the year 1980 and alongwith the said application, an application for condonation of delay has been filed in September, 2017.

Counsel for petitioner submits that application for setting aside ex parte orders is still pending and no date of hearing has been given in the said application.

3. If it is so, then second respondent shall ensure that petitioner's application purportedly filed on 27th September, 2017, is decided within a period of twelve weeks and its fate be made known to petitioner within two weeks thereafter, so that petitioner may avail of the remedies as available in law, if need be. Needless to say, delay aspect shall be considered by the authority concerned while deciding the said application.

4. With aforesaid observations, this petition and application are disposed of.

A copy of this order be given dasti to counsel representing both the sides.

(SUNIL GAUR) JUDGE AUGUST 29, 2018 r