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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Sh. Vinod & Ors. – Appellants
Versus
The Lt. Governor of Delhi & Anr. – Respondents
W.P.(C) 2643 of 2020 & CM APPL. 9226 of 2020
Decided On : 15-02-2023
Ceiling Act - Land Holding - Delhi Land Holding (Ceiling) Act, 1960 - Section 30, Section 41, Section 20 - The court discussed the provisions of the Ceiling Act, particularly Section 30 and Section 41, which presume the truth of revenue records and the requirement to grant an opportunity of being heard under Section 20. The court's decision was influenced by the violation of principles of natural justice and the need for fair hearing as mandated by the legal provisions.
Fact of the Case:
The petitioners, legal heirs of late Amar Singh, were involved in proceedings under the Delhi Land Holding (Ceiling) Act, 1960, regarding the excess land held by them. The court analyzed the impugned order dated 05.02.2020, which was passed without granting the petitioners an opportunity to address additional documents considered by the respondent No. 1 after reserving the orders.
Finding of the Court:
The court found that the impugned order violated the principles of natural justice by considering additional documents without giving the petitioners a chance to make submissions. The court also highlighted the presumption of truth of revenue records under the Delhi Land Revenue Act, 1954 and the need for fair hearing as per Section 20 of the Ceiling Act.
Issues: The issues involved the violation of principles of natural justice, the consideration of additional documents without granting an opportunity to the petitioners, and the presumption of truth of revenue records under the legal provisions.
Ratio Decidendi: The court's decision was based on the violation of principles of natural justice, the requirement for fair hearing as mandated by the legal provisions, and the presumption of truth of revenue records under the Delhi Land Revenue Act, 1954 and Section 20 of the Ceiling Act.
Final Decision: The impugned order dated 05.02.2020 passed by respondent No. 1 was set aside, and the matter was remanded back to grant the petitioners an opportunity of hearing on the aspects of the Revenue Records. Respondent No. 1 was directed to hear all concerned parties afresh and pass appropriate orders accordingly.
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)--The present writ petition has been filed for issuance of directions against the respondents for quashing/setting aside the order dated 05.02.2020 passed by the respondent no. 1. By way of the impugned order, respondent no. 1 has set aside the order dated 14.06.2017 passed by the SDM/RA by which the said authority had held that the petitioners herein were not having land in excess of the ceiling limit and had dropped the proceedings under the Ceiling Act, 1960. However, by way of the impugned order, it has been held that the petitioners herein are holding excess land measuring 52 bighas 5 biswas and the notification dated 01.05.1976 holding the bhumidar having excess land was confirmed.
2. The petitioners are the legal heirs of late Amar Singh, who was Bhumidar of his agricultural holding in Village Ali, New Delhi. Proceedings under the Delhi Land Holding (Ceiling) Act, 1960 (hereinafter referred as `Ceiling Act') were initiated against Amar Singh by the Competent Authority thereby holding that 52 bighas 5 biswas of land in Village Ali, belonging to late Amar Singh was excess land by its order dated 27.04.1976.
3. Sh. Amar Singh died on 30.05.1976 leaving behind the petitioners as the surviving legal heirs. A Revision petition was filed by the petitioners before the Lieutenant Governor of Delhi against the order of the Competent Authority and Gazette notification dated 01.05.1976. The said revision petition was dismissed by the Lieutenant Governor by way of order dated 22.02.1978.
4. Feeling aggrieved by the said order, petitioners approached this Court by way of W.P. (C) No. 988/1978. By order dated 10.07.2003, this Court set aside the order dated 22.07.1978 passed by the Lieutenant Governor and remanded the matter back for a fresh decision.
5. The said Revision petition was again heard by the Lieutenant Governor and by order dated 18.01.2012, the Revision petition was allowed. It was held that the objections raised on behalf of the petitioners against the Gazette notification needed careful consideration and de novo decision. The Lieutenant Governor remanded the case to the Additional Collector (Revenue), South District to decide the objections raised on behalf of the petitioners with respect to the Ceiling notification dated 01.05.1976. It was further directed that the revenue records of the relevant period was to be considered to assess the nature of the land, number of crops grown in a year, source of irrigation and the choice of surplus land, etc.
6. In the meantime, the revenue district of Delhi was reorganised and matter was referred to ADM (SE) under whose jurisdiction the area falls. The remanded case was accordingly taken up by the ADM (SE), who directed the representative of the Revenue Authority to place on record the file of Village Ali in respect of the proceedings by the Competent Authority in pursuance whereof the Gazette notification dated 01.05.1976 was published. Despite several opportunities, the main file could not be produced before the said authority by the Department. It was brought to the notice of the Learned ADM (SE) that the said file was not traceable.
7. Thus, the learned ADM (SE) in the absence of the case file of the petitioners, directed the petitioners to submit their objections in writing. It further directed the Revenue Authority to submit its reply to the said objections. Subsequently, by order dated 29.11.2013, the learned ADM (SE) dismissed the objections filed by the petitioners and decided the case against the petitioners herein thereby holding that the petitioners were holding land in excess of ceiling limit.
8. Feeling aggrieved by the order dated 19.11.2013 passed by the ADM (SE), the petitioners preferred a Revision Petition being Revision case no. 01/2014 under Section 20 of the Ceiling Act before the Lieutenant Governor Delhi. Vide order dated 12.03.2014, the Revision petition of the petitioners was allowed
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