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Showing contexts for: ejectment execution in Gaon Sabha Village Mandoli vs Smt. Shahnaz on 28 March, 2014Matching Fragments
10. The defendants no. 2 and 3 have further averred that Gaon Sabha, Mandoli / plaintiffs initiated proceedings under Section 86-A of the Delhi Land Reforms Act once again but by order dated 29.03.1995 the said proceedings were dismissed by the Court of Revenue Assistant, Shahdara, Delhi. However the Revenue Assistant observed that the Gaon Sabha should have initiated execution proceedings to take possession of the suit property. It is averred that the plaintiffs therefore filed an application dated 24.08.1995 for execution of the ejectment order dated 30.08.1982 in the Court of Revenue Assistant. The defendants no. 2 and 3 filed their reply dated 05.09.1995 to the execution application contending that the execution proceedings were barred by limitation. The defendants no. 2 and 3 averred that on 13.09.1995, the Revenue Assistant rejected the objections of the defendants no. 2 and 3 and ordered them to be evicted from the suit property. The defendants no. 2 and 3 challenged the said order before the Hon'ble High Court of Delhi by way of Civil Writ Petition No. 3460/1995 which came to be allowed by the Hon'ble High Court on 16.08.2004. It is averred that the Hon'ble High Court quashed the eviction proceedings in favour of the defendants no. 2 and 3.
"5. In view of the above reasons, ex-parte decree is hereby passed against the defendant and direct that the defendant Gurbax Singh and Smayuddin be ejected from the suit land, mentioned above; and the vacant possession of the land be delivered to the Gaon Sabha forthwith. Copy of this order be sent to Tehsildar, Delhi, for execution."
(ii) Admittedly, the Revenue Authorities did not take any steps for execution of the ejectment order dated 30.04.1982. Instead of doing so on 07.09.1989 another case was instituted under Section 86-A of the DLR Act against Sh. Gurbax Singh and Sh. Samayddin bearing case no. 252/RA/Shah/89 which was contested by them. Sh. Gurbax Singh and Samayddin claimed before the Court of Revenue Assistant that were in occupation of the lands prior to 1981 and even after ejectment order was passed against them on 30.04.1982 and fresh proceedings under Section 86-A against them for the same lands was not maintainable and barred by limitation. By order dated 20.08.1990, Ex.DW1/2 the Court of Revenue Assistant, Shahdara held that the proceedings under Section 86-A of the DLR Act were barred by limitation and were not maintainable. The Ld. Revenue Assistant held that the earlier ejectment order dated 30.04.1982 was never executed and withdrew the showcause notice under Section 86-A of the DLR Act. Relevant portion of the order dated 20.08.1990 reads as under:-
In view of the foregoing reasons, I hereby withdraw the show cause notice under section 86-A Delhi Land Reforms Act and accordingly drop the proceedings against the respondents. Announced in open Court."
(iii) Against the order dated 20.08.1990, the Gaon Sabha Mandoli filed Appeal no. 134/191 in the Court of Sh. Ramesh Tiwari, Additional Collector, Delhi. The said appeal was dismissed by the Appellate Authority by order dated 25.11.1993 Ex.DW1/3. However the Appellate Authority clarified that since the period of execution of the ejectment order dated 30.04.1982 was 12 years, the Gaon Sabha Mandoli was at liberty to initiate proceedings in respect of the said ejectment order. The relevant portion of Ex.DW1/3, the judgment dated 25.11.1993 passed by the Court of Sh. Ramesh Tiwari, SDM, Revenue Assistant, Shahdara, is as under:-
File to record room."
(v) Ultimately Gaon Sabha Mandoli filed execution proceedings in the Court of SDM, Shahdara. In these execution proceedings, the defendants took a stand that the period of limitation to file execution proceedings against ejectment order dated 30.04.1982 had expired and therefore the execution proceedings were not maintainable. The Ld. Revenue Assistant was of the view that Section 1 (2) (c) of the DLR Act made provisions for areas held or occupied for public purposes or public utility and therefore period of limitation of 12 years for execution of ejectment order for such category of lands would not apply. He, therefore rejected the objections of the defendants in these execution proceedings and directed demolition of unauthorized construction of the defendants by order dated 13.09.1995.