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MINI PUSHKARNA
Noor Mohammad – Appellant
Versus
Government Of NCT Of Delhi – Respondent
JUDGMENT :
MINI PUSHKARNA, J.
CM APPL.11849/2023 (Application on behalf of petitioner under Section 151 CPC seeking exemption from filing original documents, certified copies and/or typed copies of the dim documents/annexures)
1. Allowed, subject to just exceptions.
2. Application is disposed of.
W.P.(C) 3061/2023
3. The present writ petition has been filed with prayer for directions to the respondent no. 6 to consider the application of the petitioner for grant of permission under section 30 of the East Punjab Holdings (Consolidation and Prevention Of Fragmentation) Act, 1948 (herein after referred as “Punjab Holding Act”).
4. There is further prayer for issuance of land status report in respect of the land in question measuring 5 biswas i.e. 250 sq. yards comprised in khasra no. 118/1 (min) situated in the extended abadi lal dora of village Chandan Hola, New Delhi under the provisions of Delhi Land (Restrictions on Transfer) Act, 1972.
5. It is the case of the petitioner that his father owned and possessed residential built up properties in the Lal Dora Abadi in village Chandan Hola being pre-consolidation Khasra Nos. 108/3,4 (2- 00), 112/1 (2-13) and 112/2 (0-11).
6. It is submitted that
The main legal point established in the judgment is that once consolidation proceedings are concluded and land-holders are in possession, the requirement for an NoC under Section 30 of the EPH Act is....
The recognition of the petitioner's right as Kayami and the directive to protect their possession without illegal and forcible disturbance.
The court emphasized the importance of considering pending consolidation proceedings and directed the respondents to grant permission for land sale within four weeks, subject to such proceedings.
The main legal point established in the judgment is the limited jurisdiction of the consolidation authorities under Section 42 of the Consolidation Act, emphasizing their inability to decide disputed....
The Court affirmed that a guardian can effectively represent minors in administrative proceedings, and the Consolidation Officer has jurisdiction to rectify land allotments based on clerical errors, ....
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