St. Marys Educational Society v. Sub Divisional Magistrate/Revenue Assistant & Anr

1. The present petition has been filed by an Educational Society. By way of the present petition challenge is to the order dated 01.03.2016 passed by the Ld. Financial Commissioner.

2. The land in question was purchased by nuns who are members of St. Mary’s Educational Society. The said land is stated to have been purchased through registered sale deeds in Ibrahimpur Village, Delhi, land measuring around 8 acres.

3. It is submitted that at the time of purchase of said land by the society two buildings were in existence, one building was being used for residential house which was measuring around 150 sq. mtrs. and second building was only godown. It is submitted that the entire stretch of land was only being used for agricultural purposes. Even today land in question is being used for agricultural purposes only.

4. It is submitted that petitioner had constructed a wall around their property. Thus, proceedings under Section 81 of the Delhi Land Reforms Act (DLRA) was initiated against the petitioner on the allegations that the petitioner was using land for non-agricultural purposes.

5. Proceedings were held in the matter and subsequently vide order dated 24.03.2009, the SDM/Revenue Assistant ordered dropping of the proceedings against the petitioner. The respondents subsequently filed appeal under Section 185 of the DLRA. It is submitted that the said appeal has now since been dismissed by order dated 26.07.2021 passed by the Additional District Magistrate (ADM) (North).

6. Besides the aforesaid proceedings wherein the Gaon Sabha had filed an appeal which had concluded vide order dated 26.07.2021 passed by ADM (North), there were other parallel proceedings which were going on before the Revenue Assistant/SDM. Thus, an additional order dated 04.08.2012 was passed by the Revenue Assistant. By way of the said order, it was declared that the petitioner herein had converted the nature of the land by carving out plots thereby contravening the provisions of Section 81 of the DLRA. Thus, it was directed that the land, which is land bearing Khasra No. 804(4-16), 805/1 (3-11), 803/1 (2-4) situated in the revenue estate of village Ibrahimpur, Delhi, shall be used only for agricultural purposes. In case the same was not done, they shall be ejected from the land and their rights on the land shall stand extinguished. Subsequently, by order dated 24.11.2012, the said additional order dated 04.08.2012 was made permanent.

7. Subsequently, warrant of possession dated 31.12.2012 was issued by the Revenue Assistant/SDM, the said warrant of possession reads as under: “WARRANT OF POSSESSION Whereas the property vide Khasra No(s) 804 (4-16), 805/1 (3-11) & 803/1 (2-4) in village Ibrahim Pur in the occupation of J/D i.e. St. Mary Educational Society has been finally ordered / decided to vest in Gaon Sabha Ibrahim Pur the D/H in the petition. You are hereby directed to put the said D/H, petitioner i.e. Gaon Sabha Ibrahim Pur in possession of the same after demolition of the construction/ structures made and attached over the concerned land, and you are hereby authorized to remove any person bound by the order / decree who may refuse to vacate the same. You are also authorized to take the requisite police aid to effect the same. Given under my hand and seal of this Court on this 31.12.2012. (RAJANISH KUMAR SINGH) REVENUE ASSISTANT/ SDM SUB-DIVISION ALIPUR: DELHI”

8. Thus, by way of the warrant of possession it was directed that the land which was in occupation of the petitioner herein shall vest in Gaon Sabha, Ibrahim Pur. The petitioner herein was directed that the Gaon Sabha, Ibrahim Pur be put in possession of land in question after demolition of the construction/structures made.

9. Subsequently, final order dated 04.01.2013 was passed.

10. After passing of the final order dated 04.01.2013, demolition of existing structure was undertaken on behalf of Revenue Assistant/SDM on 05.01.2013. Thus, the petitioner challenged the aforesaid orders dated 04.08.2012, 24.11.2012, 31.12.2012 and 04.01.2013 before the Financial Commissioner.

11. The Financial Commissioner by way of order dated 01.03.2016 dismissed the appeal of the petitioner. Thus, the present writ petition has been filed.

12. Before the ld. Financial Commissioner the main ground raised on behalf of the petitioner was that at the time of conditional order or the final order, the petitioner herein was not granted any hearing. Thus, the said orders were passed without any hearing.

13. It is the case on behalf of the petitioner herein that the land in question is being used only for agricultural purposes. Only a small structure for residential purposes exists which as per the petitioner is necessary, so that agricultural activities can be carried out on the vast 8 acres of land.

14. When the matter was listed on the last date of hearing, the respondents had been directed to confirm the averment made on behalf of the petitioner that the land in question was being used only for agricultural purposes.

15. Today, learned counsel for the respondent, upon instructions, has confirmed the fact that the agricultural activities are indeed being carried out by the petitioner.