Sat Pal Jindal & ORS v. Govt Of NCT Of Delhi & ORS

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 543/2017, C.M. APPL.29208-29209/2017 SAT PAL JINDAL AND ORS.

..... Appellants Through : Sh. V.P. Rama, Advocate.

versus GNCT OF DELHI & ORS.

..... Respondents Through : Sh. Santosh Kumar Tripathi, ASC with Sh. Rizwan, Advocate, for GNCTD.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 18.08.2017 Issue notice. Sh. Santosh Kumar Tripathi, ASC accepts notice. The appellants' grievance is that the learned Single Judge declined to grant any relief under Article 226 of the Constitution in their claim for a restraint upon the revenue authorities who proposed to construct a boundary wall in respect of Khasra No.918, Village Kadipur. According to the appellants, this khasra which belongs to them was exchanged with the Gram Sabha sometime in 1984 but the records were not rectified and the other parcel of land which they were given was shown to belong to Gram Sabha and conversely the land in the possession of the Gram Sabha is shown to belong to them. It is submitted that the appellants applied for correction of records in 2001 which was granted on 31.07.2001. However, that order was later revisited on 31.05.2005 when the Revenue Assistant

was of the opinion that he did not possess the power to make such rectification since the jurisdiction was that of the Lieutenant Governor. The respondents rely upon that order to say that even in 2001, the order rectifying the record had been in fact changed. The appellants appealed to the Deputy Commissioner who has not yet decided his plea. In the meanwhile, the respondent Gram Sabha proposes to construct a boundary wall.

This Court is of the opinion that a detailed consideration of the circumstances are not necessary; the respondents are hereby restrained from the disturbing the existing status quo and putting up any fresh construction during the pendency of the appeal before the Deputy Commissioner. The Deputy Commissioner is directed to dispose of the appellants' appeal/application at his convenience/ expeditiously and in any event within eight weeks from today. The appeal is disposed of in the above terms along with the pending applications.

Order dasti.

S. RAVINDRA BHAT, J SANGITA DHINGRA SEHGAL, J AUGUST 18, 2017/AJK