Appeal
No. 50/11
Kuldeep
Singh v/s Gaon Sabha Chhascla & Ors
IN
THE COURT OF DY. COMMISSIONER & COLLECTOR
DISTRICT
SOUTH WEST, KAPASHERA, DELHI
Kuldeep
Singh ... Appellant
Vs.
Gaon
Sabha Chhawla & Ors ... Respondents
JUDGEMENT
This
shall dispose of the appeal dated 13/04/2011 filed by the appellant
here in above u/ s 185 of the DLR Act, 1954 against the order dated
29/03/2010 of the SDM/RA (Najafgarh) under section 81 of the DLR Act,
1954. Vide the said order the SDM/RA has rejected the execution
proceedings u/s 86A on the around of limitation. Aggrieved by the
said order appellant has preferred an appeal before this court.
In
the present matter the appellant is a villager from Village Chhawala
and complainant before the SDM. It is the case of the appellant that
the ejectment order was passed by Ld. SDM under Section 86 A of
the DLR Act. 1954 on dated 08/01/1996. That the Gaon Sabha. Chhawla
filed for execution of the same in Case No. 195/2005. Vide order
dated 13/02/2007 the BDO was directed to take over the possession of
the land. The report dated 21/04/2007 shows that in view of the
existing constructions on the suit land same was sealed. However, the
Ld. SDM held that the execution ought to be filed within three years
as prescribed under section 185 of DLR Act and hence the execution
petition was dismissed on dated 29`x' March. 2010. It is argued that
the Ld. SDM has not appreciated the fact that the respondent no. 2 to
5 has encroached on the land
of the Gaon Sabha. It is therefore prayed to set aside the impugned
order dated 29/03/2010.
The
case of the respondent is that the appeal is hopelessly barred by
time and the appellant has no locus-standi to file the present
appeal. That the respondents and ancestors have been in physical
possession of above said suit land prior to the commencement of Delhi
Land Reforms Act, 1954 and have constructed the boundary wall of the
sarjie in the year 1964-65 and thereafter have constructed their
residential house in the year 1975-76. It is submitted that the suit
land is the part and parcel of Old Laldora Abadi comprising in Kh.
No. 88 and the same is ancestral land of the respondents. That the
proceedings under 86-A of the Delhi Land Reforms Act is not
maintainable in respect of Old Laldora land. Therefore, it is prayed
that the present appeal may be dismissed.
After
hearing both the parties and perusing the record it is observed that
being the member of the village the appellant automatically becomes
the member of the Gaon Sabha as provided under section 151 of the DLR
Act, 1954 and as such the present appeal is maintainable as far as
question of locus-standi is concerned. Further, it is observed that
the contention of the respondent regarding the suit land falling in
the Abadi Dell is neither upheld in any of the orders of the lower
Court nor it is substantiated through any evidence by the respondent.
Also there is no dispute in any of the orders regarding the
encroachment on the Gaon Sabha land. Therefore, the contention of
abadi deh is misplaced and unacceptable.
Furthermore,
during the hearing the counsel of the Gaon Sabha has contended that
no limitation period is prescribed in the DLR Act regarding execution
of the order issued under section 86A of the said Act. Therefore. the
limitation of 12 years as provided under Rule 190 of the CPC shall be
applicable. Therefore, the application of execution was not time
barred as the RA has wrongly concluded. Further, the appellant has
been encroaching upon the Gaon Sabha land since a very long time and
very strangely continue to do so even today using various tactics.
This is the situation foreseen by the Hon Supreme Court in the
judgement passed in Jagpal Singh & Ors Vs. State
of Punjab and Ors in Civil Appeal No. 1132/2011 and SLP
(c) No. 3109/2011 and therefore emphasized that the encroachers and
illegal occupants on the Gram Sabha land needs to be evicted and the
Gram Sabha land needs to be retrieved and restored to the Gram Sabha.
Therefore, I am of the considered opinion that the issue of
limitation is not maintainable in the instant case. Hence the order:
ORDER
In
view of the observations made in the judgement the appeal dated
13/U4/201I filed by the
appellant here in above u/s 185 of the DLR Act, 1954 against
the order dated 29/03/2010 of the SDM/RA (Najafgarh) under section 81
of the DLR Act, 1954 is allowed. The SDM/RA, Najafgarh is directed to
carry out fresh execution proceedings in the instant matter. BDO,
South West is directed to take necessary action in time bound manner.
Given
under my hand and seal of this court on this 5th day of
October 2012.
Vikas
Anand, IAS
Dy.
Commissioner & Collector
Copy
to:
- SDM, Najafgarh
- BDO, South West
- Both the parties
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