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2004 Supreme(Del) 177

VIKRAMAJIT SEN
RAM PHAL – Appellant
Versus
B. S. BHALLA – Respondent


Advocates Appeared:
P.D.SHARMA, R.P.Bansal, V.K.Shali

VIKRAMAJIT SEN, J.

( 1 ) IN this petition it has been alleged that the Respondents have wilfully disobeyed the Judgment dated 17. 1. 1995 passed by the Division Bench of this Court comprising Hon ble Mr. Justice D. P. Wadhwa and Hon ble Mr. Justice Devinder Gupta which held, inter alia, as follows-

" Extended abadi is covered by the definition of the land. This definition of land does not exempt the classes of the land now incorporated in sub rule (5) of the Amended Rule 63 by virtue of the impugned amendments. In case there is no provision in the Act excluding the six categories of land from the operation of the Act, by merely issuing a notification giving is to be a colour of amendments in the rules under the rule making power of Section 85, which nowhere authorises the rule making authority to exempt any of the land from the operation of the Act, the amendments aforementioned deserves to be held to be bad in law and beyond the authority of the rule making power. For the self same reason, the amendment of form P. 5 also cannot be sustained and has to be quashed and set aside, which we accordingly do by allowing these petitions. We direct the respondents to maintain the record of r









































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