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2003 Supreme(Del) 359

High Court Of Delhi
PAWAN KUMAR,GANGA BISHAN GUPTA - Appellant
Versus
FINANCIAL COMMISSIONER, DELHI - Respondent
CIVIL WRIT PETITION 1548 of 2000
Decided On : 04/10/2003

Advocates Appeared:
Ajay Laroia, O.N.Vohra, Shruti Shashi, Sujata Kashyap, V.K.Tandon

The main legal point established in the judgment is that the restrictions on transfer of bhumidari rights under the Delhi Land Reforms Act were valid and binding, especially when the land was allotted under the 20 Point Programme for the economic upliftment of landless laborers.

Headnote:

Land Allotment - Delhi Land Reforms Act - Section 74, Section 75, Section 31, Section 33 to 37, Section 5(a) - The court discussed the nature of land allotment under the 20 Point Programme, the validity of restrictions imposed on bhumidari rights, and the consequences of violating such restrictions. The judgment highlighted the importance of the purpose of land allotment to landless laborers and the restrictions on transfer to ensure economic upliftment.

Fact of the Case:

The predecessor in interest of the petitioners were allotted lands under the Delhi Land Reforms Act and were directed to be admitted as bhumidars with a restriction on selling or disposing of the land. The Gaon Sabha challenged this order, and during the appeals, the lands were sold to the petitioners. The subsequent orders reverted the land to the Gaon Sabha due to the violation of the restriction.

Finding of the Court:

The court found that the land was allotted under the 20 Point Programme for economic upliftment, and the restrictions on transfer were valid. The petitioners, as successors in interest, were bound by the conditions imposed on the bhumidari rights and had no standing to challenge them.

Issues: The main issue was the validity of the restrictions imposed on the bhumidari rights and the subsequent sale of the land during the pendency of appeals.

Ratio Decidendi: The court held that the land was allotted under the 20 Point Programme, and the restrictions on transfer were justified to ensure the economic upliftment of landless laborers. The petitioners, as successors in interest, were bound by the conditions imposed on the bhumidari rights and could not challenge them.

Final Decision: The writ petitions were dismissed as the court found no merit in the petitioners' claims.

A. K. SIKRI, J.

( 1 ) THESE writ petitions arise in identical circumstance and same question of law is involved. Therefore they are disposed of by this common judgment

( 2 ) FOR the sake of convenience, facts from cwp No. 1548/2000 are noted.

( 3 ) THE predecessor in interest of the petitioners, namely, Sh. Mamam Singh, smt. Hoshiari Devi, Tara Chand, Ram Narain and Smt. Sarjo residents of village Bamnoli, delhi were allotted certain lands in that village i. e. Khasra Nos. 198 (2-12), 204/2 (5-3), khasra number 221/2 (3-13), 217 (5-11) and 200 (4-17) respectively. Since there is a dispute about the nature of these allotments, this aspect shall be adverted to at the appropriate stage. What is admitted position is that these persons moved applications under Section 74 (4) of the Delhi Land Reforms act (for short the Act ) in the court of SDM/ ra praying that the Gaon Sabha be directed to admit them as bhumidars of the aforesaid land. These applications were decided in then- favour holding that they had amply proved they satisfactorily reclaimed the land and made it fit for cultivation and as such they were to be admitted as bhumidars under Section 74 as in terms of Section 75, the Gaon Sabha shall have the right to admit as bhumidari to whom the land is leased out. The operative portion of the said order dated 12th september, 1996 reads as under:

"i pass the following orders. The Gaon sabha is directed to admit the said applicants as Bhumidars in respect of land bearing khasra number 200 (4-17) in name of Sarjo, kh. IMo. 198 (2-12) in name of Shri Maman Singh, kh No. 204 (5-3) in the name of Smt. Hoshiari Devi, khasra No. 217 95-11) in the name of ram narain and khasra number 221 94- 1) in the name of Tara Chand all lands situated in the revenue estate of village bamnoli, Delhi, the applicants (i. e. The assami of his/their admission as bhumidhars) shall be liable to pay such land revenues shall be equal to 50% to the land calculated at the prevailing village rates but they shall not be liable to pay any compensation. lt is also ordered that the said pieces of land mentioned above will not be sold or disposed off by any mode of transfer by the applicants or their agents. "

( 4 ) AS would be seen from the last lines quoted, restriction was imposed, while admitting these persons as bhumidars to the effect that they would not sold or dispose of the land in question by any mode of transfer. In so far as those applicants were concerned, they accepted the order and did not challenge the same. However, the Gaon Sabha was not satisfied with their declaration as bhumidars. These persons have however sold their respective holdings to the petitioners.

( 5 ) TO complete the narration of facts, it may be mentioned that after order dated 12th September, 1996 was passed by the court of SDM/ra, the Gaon Sabha challenged this order in appeals filed under Section 185 of the Act in the court of Collector, Delhi.

( 6 ) DURING the pendency of these appeals, the said applicants sold the lands to the petitioners herein. The petitioners made application under Order 1 Rule 10. of the code of Civil Procedure (CPC) for impleading them as respondents in the appeals. These appeals were disposed of vide order dated 26th October, 1998. Taking note of subsequent event, namely, sale of the land by the applicants in favour of the petitioners herein inspite of restriction imposed by the court of RA vide order dated 12th September, 1996 the Collector held that such sale was not permissible and passed the order reverting back the land to the Gaon Sabha.

( 7 ) IT may be mentioned at this stage that while disposing of the appeals, the Collector also dismissed the application of the petitioners preferred under Order 1 Rule 10 CPC by same order dated 26th October, 1998. It would be apposite to reproduce paras 8 and 11 of this order which depicts the mind of the collector while taking the aforesaid course of action:

"8. After going through the contents of application as we





















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