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6. the Appellant claims himself the co-
owner of the land, forming part of the
khasra no. 1674, Village Kishangar on
the basis of the Sale Deed dated
10.10.1963. A photocopy of the Sale
Deed was placed on the record by the
Appellant through which the Appellant
along with the others claims to have
purchased 4 bighas and 4 biswas of
land bearing Khasra No. 2728/167/4
and 2728/167/3. As per the scheme of
the Delhi Land Reforms Act, 1954 (for
short the DLR Act) on coming into the
force of the DLR Act the proprietor of
the agricultural land seized to exist. If
any land was the part of the holding of
a proprietor, he became the Bhumidar
of it, if it was the part of the holding of
some other person, such as a tenant or
sub-tenant etc. he became either a
Bhumidar or an Asami whereupon the
rights of the proprietor in that land
ceased. The land which was not
holding of either of the proprietor or
any other person vested in Gaon
Sabha. A perusal of Kahatoni
Paimaish, Ex. DW1/2 would show that
the suit land was a waist land that is
Gairmumkin Pahar. In Union of India
v. Sher Singh & Ors. II(1997) CLT 58,
it was held by the Hon‟ble Supreme
Court of India that except the land
which for the timebeing comprised the
holding or a grove whether cultivable
or otherwise, vests in Gaon Sabha
from the date of commencemtn of the
Act. The onus was on the appellant to
show that the suit land was a part of
the holding or a grove and the
predecessors of the appellant had
become a „Bhumidar‟ in respect of the
suit land on coming into force of the
DLR Act. A notification dated 3.6.1977
was issued by the government under
Section 507 of the DMC Act whereby
the area of Kishan Garh in the revenue
estate of Mehrauli was urbanized,
consequently in accordance with the
provisions of Section 150(3) of DLR
Act, the land which had vested in
Gaon Sabha came to vest in the
Central Government on urbanization
of the village. The Central
Government, vide notification under
Section 22(1) of the DD Act Dated
20.8.1974 (Ex DW1/1) had placed the
entire land which had vested in the
Central Government, on the
urbanization of the village specified in
the schedule, at the disposal of the
DDA for the purpose of development
and maintenance of the said land.
Therefore, all land, including the suit
land which had vested Gaon Sabha,
came to vest in the Central
Government and was ultimately placed
at the disposal of the DDA".