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Judgment
This application seeks review of order dated 16.10.2018 in O.A No. 765/2018, Rajender Singh & Anr. vs. State of NCT of Delhi & Ors.
By the said order, the Tribunal disposed of the application seeking injunction against allotment of land comprised in Khasra No.26 (4-12) in Village Aslatpur Khadar in Najafgarh Tehsil in the South-West District of Delhi for carrying out any construction or other allied activities. According to the Applicants the said plot of land was a pond which was to be maintained as such. The Tribunal held that existence of pond was not shown within reasonable past period. Accordingly, the application was dismissed.
The applicants preferred Civil Appeal No. 1550 of 2019, Rajender Singh & Anr. vs. State of NCT of Delhi and Ors. before the Hon'ble Supreme Court and stated that record of Khasra No. 26 had not been seen by the Tribunal. The Appeal was disposed of as withdrawn with liberty to move review application.
We have heard learned counsel for the applicants in support of the Review Application. Learned counsel has drawn our attention to the field book of the village signed by the Patwari on 01.09.2017 to the effect that there was a pond in the said area. However, the affidavit filed on behalf of the Revenue Department of Delhi before the Hon'ble Supreme Court on 15.05.2019, to which our attention has been drawn shows that the said land was declared urban land prior to 1990 and substantial construction had already been raised on Khasra No. 26. The residential plots had already been sold and nothing survives with regard to the pond. The averments are reproduced below:-
"I further state that the said land was declared as an Urban Land, prior to the year 1990. Also as on date, there is considerable amount of construction that has been carried out on Khasra No. 26. It is further stated that the Delhi Development Authority has cut out and sold residential plots on the land of the Johar and that as on date nothing survives in regard to the existence of the johar."
From the above, it is seen that the constructions are in existence prior to 1990 and there is no pond since then. Limitation prescribed for this Tribunal to take action is five years. The Original Application was filed on 19.09.2017 and there was no pond in existence after 1990.
In view of the above, we do not find any merit in the Review Application which is dismissed.