REVA KHETRAPAL, J.

1. The above mentioned suit is filed by the legal representatives of late Shri Bishamber Dayal, late Shri Diwan Singh, late Shri Babu Lal Jain and late Shri Sohan Lal, who were real brothers, seeking a decree of permanent prohibitory injunction in their favour and against the defendants restraining them from causing obstruction in the use of land measuring 86 bighas and 16 biswas, bearing Khasra No.2492/1645 gair mumkin pahar in Tuglakabad, Delhi and/or dispossessing them forcibly, otherwise than by due process of law.

2. The facts are in a narrow compass. Late Shri Bishamber Dayal, late Shri Diwan Singh, late Shri Babu Lal and late Shri Sohan Lal died intestate, leaving behind the aforesaid land duly recorded in the Jamabandi. Since the aforesaid land was gair mumkin pahar, the plaintiffs, who are their legal representatives, claim that their family members have been using the said land for grazing cattle and for collecting fodder without any interruption till 15.05.2008, when they were obstructed by the officials of the defendants from using the aforesaid land on the ground that the land belonged to them after the coming into force of the Delhi Land Reforms Act, 1954 and the Rules framed thereunder.

3. The plaintiffs claim that thereupon they contacted the Revenue Officer of the area, who intimated that as per Section 7 of the Delhi Land Reforms Act, 1954, land which was waste land of common utility vests in the Gram Sabha for which compensation has been paid.

4. For better appreciation of the case, Section 7 of the Delhi Land Reforms Act, 1954 is reproduced as under:

“7. Rights of proprietors in waste lands, pasture lands or lands of common utility, etc., to vest in Gaon Sabha and compensation to be paid for them. –

(1) All rights of an individual proprietor or proprietors pertaining to waste lands, grazing or collection of forest produce from forest or fish from fisheries lands of common utility, such as customary common pasture lands, cremation or burial grounds, abadi sites, pathways, public wells, tanks and water channels, or Khalihans , whether covered by an existing contract between such proprietor or proprietors and any other person or not, shall with effect from the commencement of this Act be terminated in accordance with the provision of sub-section (2) and the said contracts, if any, shall become void with effect from such commencement: Provided that where such land was as a result of consolidation of holdings made available for use for any purpose other than those referred to in this sub-section, land kept aside in exchange thereof, as a result of such consolidation, shall for the purposes of this Act be deemed to be land originally meant for purposes referred to in this sub-section. Explanation - For the purposes of this sub-section- (i) "waste land" shall include cultivable and uncultivable waste area of the village including any land in the bed of a river occupied or held by an Asami referred to in section 6 (a) (iii) of the Act "except the uncultivated areas (a) included in the holdings of such proprietor or proprietors or (b) used for purposes other than those mentioned in clause (13) of section 3, at any time before the 28th day of October, 1956, or (c) acquired by a bona fide purchaser for value at any time before the 28th day of October, 1956, for purpose other than those mentioned in clause (13) of section 3. (ii) "lands of common utility" shall include such lands as are recorded as such at the last settlement or have been or would have been customarily recorded as such on 1st July, 1950.

(2) On the commencement of this Act, the Deputy Commissioner shall pass an order in respect of the proprietor or proprietors of each village either singly or collectively divesting the individual proprietor or proprietors of the rights mentioned in sub- section (1) and vesting those rights in the Gaon Sabha or in any person or authority appointed by the Chief Commissioner under section 161