SIRI RAM BATRA AND ORS. versus FINANCIAL COMMISSIONER, DELHI AND ORS.

SIRI RAM BATRA AND ORS. versus FINANCIAL COMMISSIONER, DELHI AND ORS.

Appellants, having lost rights over land bearing Khasra No.324 and having accepted land No.679 in lieu, are not entitled to benefit under the amended Scheme as bhumidars, since they no longer had interest in the land at the time of amendment. The benefit is to accrue to persons who lost their lands and, where the land had been sold after repartition, to the purchaser.

Parties
Appellants: Siri Ram Batra and Ors.; Respondents: Financial Commissioner, Delhi and Ors.
Jurisdiction
India
Judgment Date
17 September 2004
Procedural Posture
Civil Appeal / Appeal From Letters Patent Appeal and Writ Petition Decided by Delhi High Court
Outcome
Appeal dismissed
Legal Topics
Consolidation Proceedings, Interpretation of Statutes, Allotment of Land, Benefit of Beshi Phirni, Rights of Bhumidars
Land Law Consolidation Proceedings Interpretation of Statutes Allotment of Land Benefit of Beshi Phirni Rights of Bhumidars

Case Brief

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Parties

Siri Ram Batra and Ors.

Appellants

Financial Commissioner, Delhi and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Letters Patent Appeal and Writ Petition Decided by Delhi High Court

Legal Issues

  1. 1 Entitlement of appellants to benefit of Beshi Phirni area under amended Scheme of consolidation
  2. 2 Interpretation of 'old bhumidars' under the Scheme

Ratio Decidendi

Appellants, having lost rights over land bearing Khasra No.324 and having accepted land No.679 in lieu, are not entitled to benefit under the amended Scheme as bhumidars, since they no longer had interest in the land at the time of amendment. The benefit is to accrue to persons who lost their lands and, where the land had been sold after repartition, to the purchaser.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with no order as to costs