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Rajender Singh v. Govt. of N.C.T. of Delhi & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1427 of 2016)Decided 16 Feb 2016
Civil Appeal No. 1427 of 2016
Justice Shiva Kirti Singh · Justice R.K. Agrawal

Background

This order sends the case back; it does not decide the dispute. In 2004 a Consolidation Officer allotted disputed land to the contesting respondents under Section 43A of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948. The appellant challenged the allotment.

Decision Breakdown

This is not a final decision on the dispute. The Court found that the 2004 order had been passed without giving the appellant a proper hearing. On that ground alone, it set aside the orders of the High Court and the consolidation authorities and sent the matter back to the Consolidation Officer for a fresh hearing and re-determination within six months. The Court made clear that it had not expressed any opinion on the merits of either party's case.

Lesson Learnt

There is no final ruling yet on who is entitled to the disputed land. The order settles only that an allotment made without a fair hearing to the affected person cannot stand.

Official source (sci.gov.in)View Judgment (PDF)

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