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2000 Supreme(SC) 990

S.N.PHUKAN, S.SAGHIR AHMAD
Additional District Magistrate (Rev. ) Delhi Admn. : LTD. governor Of Delhi: Additional District Magistrate (Rev. ) Tis Hazari, Delhi: Additional District Magistrate: Additional District Magistrate: Additional Distt. Magistrate (Revenue) : Additional Dist – Appellant
Versus
Siri Ram: Sheo Ram: Balbir Singh: Raj Dullari: Sub. Ganeshi Ram: Sh. Vijay Pal Singh: Ram Phal – Respondent


JUDGMENT

Phukan, J.—By this judgment we dispose of these appeals filed by the Delhi Admin­istration against the judgment of the Division Bench of the Delhi High Court dated 7th January, 1995 passed in a batch of writ petitions. The High Court held that the amendments made to Rules 49, 63, 65 and 67 and also to Form P5 of the Delhi Land Revenue Rules by the notifica­tion dated 8.11.1989 are ultra vires of the provisions of the Delhi Land Revenue Act, 1954 for short and Land Revenue Act). We quote below the old and the new amended Rules:

OLD RULE

"49.—Inspection tours—(1) In order to maintain the map and field book, the patwari shall make three field to field inspections every year of every village in his Halka. The tours shall begin respectively on 1st September and 15th February, 15th October and 15th March. The first and the second tours shall be completed on 30th September and 15th February respectively; the third shall be completed within a fortnight.

(2) The Deputy Commissioner may, under special circumstances postpone any tour for a period not exceeding 15 days.”

63—Name of tenure holder and or sub-tenure holder Columns 4 and 5 (1)—Entries in columns 4 and 5 shall be made from the














































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