Wed. Apr 21st, 2021

Nur Singh & Ors vs Govt Of Nct Of Delhi & Ors on 15 May, 2017

2 min read

1. These four writ petitions are being decided by this common order as they involve

common issues with identical facts and the challenge is also to a common order passed by

the learned Financial Commissioner.

W.P.(C) 10612/2016 and connected matters Page 1 of 17
2. The identical facts are, it is the case of the petitioners that they are the recorded

Bhumidhars of subject land Khasra Nos. 100/17 (3-5), 100/24 (4-12), 100/25 (4-10), 100/17

(3-5), 100/16 (Min 2-5). It is their case that on a complaint made by one Mr. Haroon Khan,

proceedings under Section 81 of the Delhi Land Reforms Act, 1954 (‘DLR Act’, in short),

were initiated against them in respect of the above lands on March 31, 2014. A conditional

order was passed by the Revenue Assistant on July 24, 2014 without giving a show cause

notice and without providing opportunity of hearing and therefore, a revision petition was

filed before the learned Financial Commissioner against the order of Revenue Assistant

dated July 24, 2014. The learned Financial Commissioner vide order dated October 28,

2014, set aside the order dated July 24, 2014 and directed the Revenue Assistant to comply

with the provisions of Rule 21-B of the DLR Rules, which provides for issuance of show

cause notice and providing hearing, including procuring evidence. It is their case that the

respondents wanted to demolish the property of the petitioners. The petitioners filed Writ

Petition bearing No. 2820/2014 before this Court seeking a restraint order against the

respondents from taking any action except in accordance with the law. The Writ Petition

was disposed of by this Court on May 08, 2014, directing the respondents not to take any

action except in accordance with the law. A reference is made by the petitioner to a PIL

filed by Mr. Haroon Khan which was disposed of on September 03, 2014 by the Division

Bench of this Court in view of the fact that proceedings under Section 81 of the DLR Act

have been initiated.

Source: Indian Kanoon

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