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 on or about 05.04.1997, the process of consolidation under the provisions of Punjab Holding Act and Delhi Holdings (Consolidation and Prevention of Fragmentation) Rules, 1959 was commenced for consolidation of the land situated in village Chandan Hola.

7. During the repartition proceedings carried out in the said consolidation process, the said built up residential properties owned and possessed by father of the petitioner i.e. Sh. Uday Bhan were treated as Kayami. During the said consolidation proceedings, land admeasuring 5 Bighas and 5 Biswas was allotted to Sh. Uday Bhan by changing the pre-consolidation Khasra number of the said properties into new Khasra numbers. Thus, for Khasra No. 108/3, 4 (pre-consolidation number) admeasuring 2 bighas, a new Khasra Number was allotted, i.e., Khasra No. 115/1 (2-00). Similarly, in place of the old pre-consolidation Khasra No.112/1,2, a new Khasra No. 118/1 (3- 05) was allotted. Thus, it is submitted that Sh. Uday Bhan has always been in possession of the said land both during pre-consolidation as well as during the post consolidation period.

8. The said Uday Bhan expired in the year 2002 leaving behind his 4 legal heirs, including the petitioner herein. It is submitted that the mutation in regard to the same has also been effected in the revenue record on 26.04.2016.

9. It is the case on behalf of the petitioners that on 04.09.2021, respondent no. 5 passed an order in regard to village Chandan Hola, New Delhi thereby suspending the registration of the deed/document under the Registration Act, 1908 and issuance of No Objection Certificate for transfer and sale-purchase of the land.

10. It is submitted that said circular dated 04.09.2021 issued by respondent no. 5 was subject matter of challenge in writ petition, W.P. (C) No. 10670/2021, titled as Uppal Housing Pvt. Ltd. Vs. Govt. of NCT of Delhi & Ors. By order dated 17.11.2021, this Court held that the consolidation proceedings in Village Chandan Holla had already been completed. Attention of this Court has been drawn to order dated 17.11.2021 passed in W.P. (C) No. 10670/2021, wherein the Court held as follows:-

“18. In fact, the record to the contrary reflects that upon completion of consolidation proceedings, the land holders were put into possession of the plots as a consequence of a final consolidation scheme coming to be enforced and it is only thereafter and consequent to all requisite statutory formalities being complied with that the sale deeds came to be executed in favour of the petitioner. Regard must be had to the fact that the provisions of Section 30 of the EPH Act operate only while consolidation proceedings are pending. The restraint operates upon a landowner or a tenant from transferring or otherwise dealing in any portion of the original hold