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Delhi · 1954 · Bare Act

The Delhi Land Revenue Act, 1954

                    •^The Delhi Land Revenue Act, 1954
                                  „ (Act No. 12 of 1954)


                                         CONTENTS
                                     •    CHAPTER I
                                         PRELIMINARY
          Section        •Page
            1.Title, extent and commencement.283




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            2.Repeal and savings.284




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            3.Definitions.284

                                   CHAPTER II




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                          APPOINTMENT AND JURISDICTION
           4.Controlling powers of Chief Commissioner.•285




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           5.Appointment of Additional Collectors.285
           6.Powers and duties of an Additional Collector.285




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           7.Assistant Collector or Revenue Assistant.285
           8.Tehsildars and Naib-Tehsildars.285
           9.Subordination of Revenue Officers.285
          10.Creation or alteration of the limits of Tehsil and Sub-Division.286
          11.Deputy Commissioner in case of temporary vacancy.286

                                         CHAPTER III
                                (A) Patwaris and Kanungos

          12.Power to form and alter Patwaris' halkas.286
          13.Appointment etc. of Patwaris.286
          14.Appointment of Kanungos.
          15.Patwaris and Kanungos to be public servants, and their records public
              records.286

                                   (B) Maps and Records

          16.Maintenance of map and field-book.286
          17.Obligations of Bhumidhars and Gaon Sabhas as to boundary marks.287
          18.Penalty for injury to, or removal of marks.287
          19.List of villages.287
          20.Record of rights.287
          21.The Annual Register.288
          22.Report •of succession or transfer of possession.289
          23.Procedure on report.290

                                   .. ,i6 L^eitii Land Revenue Act, 1954
           24.Powers toprescribe fees for mutation.
                                                                                                          - .;<l*The Delhi Land Revenue Act, 1954
           25.Fine for neglect to report.                                                                                                                                              283
          26.Correction of mistake or error in Annual Register. -
          27.Settlement of disputes as to en tries in Annual Register.                        290                                      CHAPTER VI
          28.Settlement                                                                      290                            APPEALS, REFERENCE AND REVISION
              Settlement of  boundary disputes.
                           ofboundary    disputes.             l Register.
         29.
         29.Procedure     when rent
                               rent or
                                     mi^""1—                                                 291
              Procedure when             revenue payable is disputed.                                     64.Courts to which appeals lie.                                               298
         30.
         inn    - -                                                                          291          65.First appeal.
              Entries in the Annual Register to be presumed to be true.                                                                                                                 298
         31.                                                                                292           66.Second appeal.
              Obligation to furnish information necessary for. the preparatic                                                                                                           298
                                                                                            292           67.Limitation for appeal. r|
                records.                                                                                                                                                                299
         32,   Inspection of records.                                                       292           68.Appeal against order admitting an appeal.                                  299
                                                                                   ion of                 69.Powers of appellate court                                                  299
                                                                                            293               Power to suspend
                                                                                                                           p     execution of order of lower court.                     300
                                                                                                              Power of Deputy Commissioner, etc. to call for records and proceedings
                                           CHAPTER IV                                       293
                             REVISION OF MAPS AND RECORDS                                                     and reference to the Chief Commissioner.300
         33.Notification of record operations and its effect.                                             72. Power of Chief Commissioner to call for files of subordinate officers and
        34.Record Officers.                                                                                   to revise orders.300
        35.Powers of Record Officer as to erection of boundary marks.                                     73. Power Of Chief Commissioner to review and alter his orders and decrees. 301
       36.Decision of disputes.                                                            293
                                                                                                                                       . CHAPTER VII




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       37.Records to be prepared in re-survey.                                            293
                                                                                          293                                          MISCELLANEOUS




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       38.Preparation of new record-of-rights.
      39.Attestation of entries and decision of disputes.                                 293             74.Conferring powers.                                                      301
      40.Particulars to be stated in the list of tenure and sub-tenure holders.          293              75.Powers of officer promoted to a higher office in the Union territory.   301




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      41.Presumption as to entries.
                                                                                         294              76.Investment of Additional Collector with powers of IDeputy
                                                                                                                                                                                   r
                                                                                        294                   Commissioner.                                                          301
                                                                                        294               77.Conferring of powers on Tehsildars and Naib-Tehsildars.




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                                                                                                                                                                                     301
                                                                                        294               78.Deputy Commissioner to have all powers of an Assistant Collector.       301
                                   CHAPTER V                                                              79. Powers of a Revenue Assistant.
                          PROCEDURE OF REVENUE COURTS




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                                                                                                                                                                                     301
                                                                                                          80. Powers of Assistant Collectors of first class, other than a Revenue
                             AND REVENUE OFFICERS                                                             Assistant.-302
       42.Place of holding Court.
       43.Power to enter upon an survey land.                                                             81. Powers of Assistant Collector of second class.302
      44.    Power of Chief Commissioner to transfer cases, ^ ,,                                          82. Powers of Assistant Record Officer.302
      45.    Power to transfer cases to and from su^ordinates.    """''^^^           295                  83. Matters excepted from cognizance of Civil Courts.302
      46.    Consolidation of cases.                                                 295                  84. Power of the Chief Commissioner to make rules.302
     47.    Power to summon persons to give evidence and produce documents.          295                  85. Interpretation..•303
     48.    Procedure in case of non-compliance with summons.                 ', 295
     49.    Summons to be in writing, signed and sealed.                            295
    50.     Mode of serving notices.                                                295
    51. Mode of issuing proclamation.                                              296                       An Act to consolidate and amend the law relating to land revenue and the
    52.    Notice and proclamation not void for error.                             296                jurisdiction of Revenue Officers in the State of Delhi
   53.     Procedure for procuring attendance of witnesses.                        296                     Whereas it is expedient to consolidate and amend the law relating to
   54.     Hearing in absence of party.                                           296                 land revenue and the jurisdiction of Revenue Officers in the State of Delhi.
  55       No appeal from orders passed ex-parte or by default. Re-hearing on     296
                                                                                  296                 '      It is hereby enacted as follows:—
          proof of good cause fornon-appearance.
  56.     Correction of error or omission.                                       297
 57.      Power to refer disputes to arbitration.                                                                                         CHAPTER I
 58.      Procedure in cases re/erred to arbitration.                            297
 59.                                                                            297                                                    PRELIMINARY
         Application to set aside award.
 60.     Decision according to award.                                           297                       1. Title, extent and commencement—(1) This Act may be called the
61.      Bar to appeal and suit in Civil Court.                                 297                   Delhi Land Revenue Act, 1954.
62.     Recovery of fines and costs.                                           297
63.     Delivery of possession of immovable property.                          297                          (2) It e^tends to the whole of the Union territory of Delhi, except any
                                                                                  298                 area specifie^! in sub-section (2) of Section-1 of the Delhi Land Reforms Act,
                                                                                  298                 1954.
                                                                                  298

 284                       The Delhi Land Revenue Act, 1954                [S.2        S. 9]>fThe Delhi Land Revenue Act, 1954285

     (3) It shall come into force on such date as the Chief Commissioner                      (9)"settlement" means settlement of the land revenue;
 may, by notification of the Official Gazette, appoint.                                     (10)words and expression agricultural year, Asami, Bhumidhar, cess,
                                                                                       charitable purpose, estate, Gaoh Sabha, holding, land, rent, village or any
       2.Repeal and savings—(1) The following Acts, in so far as they app^^            other express^ons, not defined in this Act and used in the Delhi Land
 to areas to which this Act applies, are hereby repealed:—
                                                                                       Reforms Act, '1954, shall have the meaning assigned to them in the Delhi
        (i) tire Punjab Land Revenue Act,1887.                                         Land Reforms Act, 1954.
        (ii) the U.P. Land Revenue Act, 1901.
       (iii) so much of any other law or of any rule having the force of law                                              CHAPTER II
             for the time being in force as is inconsistent with the provisions
                                                                                                            APPOINTMENT AND JURISDICTION
             of this Act.,
     (2)Notwithstanding such repeal, all rules, appointments, assessments,                  4.Controlling powers of Chief Commissioner—The control of all
partitions and transfers made, notifications, proclamations and orders                 judicial and non-judicial matters connected with the land revenue in the
issued, authorities and powers conferred, farms granted, record-of-rights              Union territory, including matters connected with settlement, is vested in
and other records framed, rights acquired, liabilities incurred, rents fixed,          the Chief Commissioner.
places and times appointed and other things done, under any of the




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                                                                                          5.Appointment of Additional Collectors—The Chief Commissioner
enactments hereby repealed shall, in so far as they are not inconsistent with




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                                                                                       may appoint an officer serving under the Government of the Union
the provisions of this Act, be deemed to have been respectively made,                  territory as an Additional Collector.
issued, conferred granted, framed, acquired, incurred fixed, appointed and
                                                                                            6.Powers and duties of an Additional Collector—(1) An Additional




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done under this Act.
                                                                                       Collector shall exercise such powers and perform such duties of the
     (3)Any enactment or document referring to any enactment hereby                    Deputy Commissioner in such cases or classes of cases as the Chief




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repealed shall be construed to refer to this Act or to the corresponding               Commissioner or, in tire absence of order from the Chief Commissioner,
portions thereof.
                                                                                       the Deputy Commissioner may direct.




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       3.Definitions—In this Act, unless the context otherwise requires:                   (2) This Act and every other law for the time being applicable to a
       (1)"Chief Commissioner" means the Chief Commissioner of the                     Deputy Commissioner shall apply to every Additional Collector, when
1 [Union territory of Delhi);                                                          exercising any powers or discharging any duties under Sub-section (1), as if
       (2)"Deputy Commissioner" means the Collector;                                   he were the Deputy Commissioner of the '[Union territory].
    (3)"minor" means a person who, under Section 3 of the Indian                          7.Assistant Collector or Revenue Assistant—(1) The Chief
Majority Act, 1875, has not attained his majority;""• "•..„                            Commissioner may appoint as many other persons as he thinks fit to be
       (4)"prescribed" means prescribed by rules made under this Act;                  Revenue Assistants or Assistant Collectors.
       (5)"revenue" means land revenue;                                                      (2) All Revenue Assistants or Assistant Collectors and all other
      (6)"revenue court" means all or any of the following authorities, that           Revenue Officers in the ^[Union territory] shall be subordinate to the
is to say, the Chief Commissioner, the Deputy Commissioner, Additional                 Deputy Commissioner and shall exercise all the powers and discharge all
Collector, Revenue Assistant, Assistant Collector, Settlement Officer,                 tire duties conferred and imposed upon them by or under this Act or any
Assistant Settlement Officer, Record Officer, Assistant Record Officer and             other law for the time being in force, subject to the control of the Deputy

Tehsildar;                                                                             Commissioner.
     (7)"revenue-free", when applied to land means land whereof the                        8.Tehsildars and Naib-Tehsildars—The Chief Commissioner may
revenue has either wholly or in part been released, compounded for,                    appoint as many persons as he thinks fit to be Tehsildars and Naib-
redeemed or assigned;                                                                  Tehsildars.
      (8)"Revenue Officer" means any officer employed under this Act in                     9.Subordination of Revenue Officers—Subject to the general control
preparing or maintaining revenue records, or in connection with work in                of the Deputy Commissioner, every Revenue Officer of a tehsil shall be
relation to land revenue;                                                              subordinate to the Revenue Assistant.



1.   Subs.byA.O. (No. S) 19S7                                                          1.   Subs, by A.O. (No. 5) 1957.

      286                           Vie Delhi land Revenue Act, 1951                        S.20]                   The Delhi Land Revenue Act, 1954
                                                                            [S. 10                                                                                     287
          10.Creation or alteration of the limits of Tehsil and Sub-Division               intervals as the Chief Commissioner may prescribe, to be recorded therein all
      Hie Chief Commissioner may create a new tehsil or alter the limits of an             changes in the boundaries of each village or field and shall correct any errors
      existing tehsil:*                                                                    which are shown to have been made in such map or field-book.
          Provided that if more Tehsils than one are created, each tehsil shall                     17. Obligations of Bhumidhars and Gaon Sabhas as to boundary
      form into a sub-division and may, if necessary, be placed under a separate           marks—(1) It shall be the duty of every Bhumidhar to maintain and keep
      Revenue Assistant.                                                                   in repair at his own cost the permanent boundary marks lawfully erected
           11.Deputy Commissioner in case of temporary vacancy—-If the                     on his fields.
     Deputy Commissioner dies or is disabled from performing his duties, the                     (2)It shall be tire duty of the Gaon Sabha to maintain and keep in
     officer who succeeds temporarily to the Chief Executive Administration in             repair at its own cost the permanent boundary marks lawfully erected on
     revenue matters shall be deemed to be the Deputy Commissioner under                   the village situate within its jurisdiction.
     this Act until a successor is appointed.                                                   (3)Tire Deputy Commissioner may at any time order a Bhumidhar or
                                                                                           a Gaon Sabha, as the case may be:—
                                           CHAPTER m                                            (a)To erect proper boundary marks on such fields or villages;
                                (A) Patvvaris and Kanungos                                      (b)To repair or renew in such form and nature as may be prescribed




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                                                                                                   all boundary marks lawfully erected thereon.




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        12.Power to form and alter Patwaris' hallos—The Deputy
     Commissioner may, with the previous sanction of the Chief Commissioner,                    If such order is not complied with, within 30 days from the
                                                                                           communication thereof, the Deputy Commissioner, shall causes boundary
     arrange tile villages of the ^[Union territory] in Patwaris, halkas and may




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     from time-to-time, after the number and limits of such halkas; but no such            remarks to be erected, repaired or renewed and shall recover the charges
                                                                                           incurred from the Bhumidhar of the Gaon Sabha concerned in such
     arrangement or alteration shall be final unless and until it has been




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     sanctioned by the Chief Commissioner.                                                 proportion as he thinks fit.
            13.Appointment etc. of Patwaris—The Deputy Commissioner or a                      . 18. Penalty for injury, to,, or. removal of marks—The .Deputy




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                                                                                          Commissioner may order any person found to be guilty before him or
 Revenue Assistant, duly empowered in this behalf by the Chief
 Commissioner, shall appoint a Patwari to each halka, and may, subject to                 wilfully erasing, removing; or damaging a boundary or survLy mark to pay
                                                                                          such sum, not exceeding fifty rupees, for each mark so erased, removed or
 the rules made under Section 84, order the transfer, removal, dismissal of
                                                                                          damaged as may be necessary to restore it, and to reward, if necessary, the
 any other punishment of Patwaris.
                                                                                          person through whom the information' was obtained. When such o.m
       14.Appointment of Kanungos—One orTnore Kahungo^nay, subject                        cannot be recovered, or if the'offender cannot be discovered, the Deputy
 to rides made imder Section 84, be appointed for the proper^lipervision,                 Commissioner shall restore tire mark and recover the cost thereof from
 maintenance and correction of the annual register and for such other duties              such of the Bhumidhars or Gaon Sabhas of co-terminus fields or villages, as
 as the Chief Commissioner may, from time-to-time, specify.                               Ihe case may be, as he thinks fit. '•'                  ••
     15.Patwaris and Kanungos to be public servants, and their records                      1 19. List of villages1—The Deputy Commissioner shall cause to be
 public records—Every Patwari and Kanungo, and every person appointed
                                                                                          prepared and mair.tained in the prescribed form a list of all villages and
temporarily to discharge and duties of any such office, shall be deemed to                shall show 'therein in the prescribed manner the areas—
be a public servant within the meaning of Section 21 of the Indian Penal
                                                                                                (a)liable to fluvial action,
Code, and all official documents kept by any such officer shall be held to be
                                                                                                (b)having precarious cultivation, and
public records and the property of the Government.
                                                                                                (c)the revenue whereof has either wholly or in part been released,
                                ' (B) Maps and Records                                                compounded, redeemed or assigned.
                                                                                              Such lists shall be revised every five years in accordance with the :. '.as
      16.Maintenance of map and field-book—The Deputy Commissioner,                       framed in that behalf..--
shall, in accordance with rules made under Section 84, maintain a map and
field-book of each village, and shall cause annually, or at such .longer                        20. Record of rights—(1) There shall be a rccord-of-rights for each
                                                                                          village subject- to such exceptions as may be prescribed.' '
                                                                                               (2) The record-of-rights shall consist of a register of "all persons
1.    Subs, by A.O. (No. 5) 1957.                                                         cultivating or otherwise occupying land specifying the particulars required

 288                       The Delhi Land Revenue Act, 1954                    [S.21           S.22]                          The Delhi Land Revenue Act, 1954
                                                                                                                                                                             289
 by Section 40.                                                                                Annual Register all changes that may take place and any transaction that
                                                                                               may affect any of the rights or interests recorded, and shall therein correct
                                    COMMENTS                                                  any errors proved to have been made in the record-of-rights or in any
        Determination of entries in record of rights—Insofar as the Delhi Land                annual Register previously prepared.
                                                                                                   (3) No such change or transaction shall be recorded without the order
                                                                                              of the Deputy Commissioner, Revenue Assistant or, as. hereinafter
                                                                                              provided, of tire Tehsildar dr any other Court as constituted under any law
 possession. Subsection (1) of Section 22 stipulates that, inter alia, any person
                                                                                              for the time being in force.rv
 obtaining possession as Bhumidhar or Asami by succession or by transfer of any
 land in village, which is required to be recorded in the register of the Record of                  22. Report of succession or transfer of possession—(1) Every person
 Rights as per Section 20, is required to report such succession or transfer to the           obtaining possession on admission by the Gaon Sabha as Bhumidhar or
 Tehsildar. On such report being made, the procedure to be adopted by the                     Asami or by succession or by transfer other than a lease permitted under
Tehsildar is prescribed u/s 23 of the Delhi Land Revenue Act. The Tehsildar may               the Delhi La^d Reforms Act, 1954, of any land in a village which is
also' adopt the procedure prescribed therein upon facts which otherwise come to               required to be recorded in the register specified in Section 20 shall report
his knowledge. The Tehsildar is required to make an inquiry. In undisputed
                                                                                              such admission, succession or transfer to the Tehsildar,
cases, if the succession or transfer appears to have taken place, the Tehsildar is




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required to direct the Patwari of the Halka to record the same in the annual                        (2)In the case of any admission by the Gaon Sabha as Bhumidhar or




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register. However, in the case of a disputed succession or transfer or where the              Asami or of a succession or transfer, other than a lease permitted under
Tehsildar finds that it is in contravention of the provisions of Delhi Land                  Delhi Land Reforms Act, 1954, the report shall be made immediately after
Reforms Act, 1954, he is required to refer the case to the Revenue Assistant, who            it has taken place.-




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is to' decide it after such inquiry, as may be prescribed and where necessary,                      (3)In the case of lease permitted under the Delhi Land Reforms Act,
direct the annual register to be amended accordingly. Smt. Kiran Diwania v.                  1954, the report shall be.made by lessor immediately after the lease has




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Financial Commissioner, Delhi and others, 2013 (138) DRJ 198                                 been delivered possession thereunder.., t ,,., ...... .•-•,.;
       Devolution of Bhumidhari rights—Determination of—The persons                               (4)If the person so succeeding, or otherwise obtaining possession, or,




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 entitled to have their names placed in the record of rights have to be determined           in the case of a lease; the lessor:is.,a minor or otherwise disqualified, the
 in terms of the Delhi Land Reforms Act. Whenever there is a succession or
                                                                                             guardian onother.personiwho.has charge of his property shall make the
 transfer, it has to be in terms of the Delhi Land Reforms Act and if it is so, the
                                                                                             report required by this section.; - -.• i i. -j..- • • • <
same needs to be recorded in the annual register of the record of rights
maintained under the Delhi Land Revenue Act. The issue is with regard to how                       (5)No revenue court shall entertain a suit or application by the person
 the Bhumidhari right of Smt. Manbhari is to_devolve.^That issue has to be                   so succeeding or otherwise obtaining possession or, in,the case of a lease,
examined in the context of, inter alia, Sections 48,50,51,53, is alsq the provisions         by the lessor until such person has made die report required by this
of the Hindu Succession Act, 1956. Those provisions are to be exaim^ed before it             section.
can be determined as to who would be entitled to have his or her name entered                      Explanation—The word 'transfer' includes—.
in the record of rights. But, it is not now open to the revenue authorities or the
                                                                                                    (i) a family settlement by which'the holding or part of the holding
Civil Court to examine the issue with regard to the genuineness of the Will dated
                                                                                                         recorded in the recbrd-of-rights in the name of one or more
19.06-1967 which, upon the grant of probate stands concluded. The execution of
the Will by Smt. Manbhari in favour of Smt. Kiran Diwania is not open to                                 members of that family is declared to belong to another or other
challenge any further. Section 227 of the Indian Succession Act, 1925 specifically                       member, or
stipulates that the probate of a Will, when granted establishes the Will from the                  (ii) an exchange of holding under Section 40 of the Delhi Land
death of the Testator and renders valid all intermediate acts of the Executor as                         Reforms Act, 195,4 ... \ ,          ,<
such. Smt. Kiran Diwania v. Financial Commissioner, Delhi and others, 2013 (138)
DRJ 198                                                                                                    "- '"'' . y y; ' "'.', comments

    21. The Annual Register—(1) The Deputy Commissioner shall                                     Mutation—When.of no consequence—It is settled law that entries in
maintain the record-of rights, and for that purpose shall annually, or at                   revenue records are only for fiscal purposes and they create no title. The
such longer intervals as the Chief Commissioner may direct, causes to be                    mutation of the property neither confers title nor takes it away. Once a
                                                                                            Registered Sale Deed has been proved on record by the Appellant, unless there is
prepared an amended register mentioned in Section 20; and the register so
                                                                                            contra evidence to suggest that the sale document is not a genuine one, the
prepared shall be called the Annual Register.
                                                                                            Appellant stands vested with the right, title and interest in the property in
       (2) The-Deputy Commissioner shall cause to be recorded in the
                                                                                            question. Mutation or the lack of it would have no bearing on the aspect of title.

      290                       The Delhi laud Revenue Act, 1954                     [S. 23         S. 27]                   The Delhi Land Revenue Act, 1954

      P.N. Mehra v. Union of India and others, (2013) 2 AD (Del.) 205 : (2013) 134 DRJ 387          Shakuntaid Devi v. FCI, 2009 (161) DLT 300.
      23.Procedure on report—The Tehsildar, on receiving such report or                                26.Correction of mistake or error in Annual Register—The Deputy
  upon the facts otherwise coming to his knowledge, shall make such inqiftry                        Commissioner may, on his own motion and, shall, on the application of
  as appears necessary and in undisputed cases, if the succession or transfer                       any person, correct any mistake or error in the Annual Register.
  app'e ars'to have taken place, shall direct the Patwari of the halka to record
  the' same in the Annual Register, if the succession or transfer is disputed or                                                        COMMENTS
  the Tehsildar finds that it is in contravention of the provisions of the Delhi                         Not barred by limitation—The proceeding for correction in annual register
  Land Reforms Act, 1954, he shall refer the case to the Revenue Assistant,                         do hot attract Limitation Act. Application for correction of errors cannot be
  who shall decide it after such inquiry as may be prescribed and where                             barred by limitation. Shakuntala Devi v. FCI, 2009 (161) DLT 300.
  necessary, direct the Annual Register to be amended accordingly.                                        Jurisidictional authority to correct entries—There is no provision which
                                                                                                    could enable the SDM to correct the revenue record. It is the concerned Deputy
                                                                                                    Commissioner who can do so either suo moto or on the application filed by the
                                        COMMENTS
      , Scheme of provisions—The provisions of Section 23 of the Delhi Land                         affected party. Without going touching upon the merits of this case and
 Revenue Act fall in line with the overall scheme of the two pieces of legislation. It              commenting upon the status of the applicant- Kishan Pal, I find that initiation of
 is clear indication of the legislative intent that whenever a question relating to                 the proceedings by the c^ncerned SDM to correct the revenue record is contrary




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 violation of Section 33 of Delhi Land Reforms Act arises for consideration, the                    to Section 26 of The Delhi Land Revenue Act, 1954. On this short ground alone,




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                                                                                                    impugned order (Annexure P-8) deserves to be set aside. Mohit Thvari v. Govt. of
 same must be referred to Revenue Assistant who is the designated authority to
 adjudicate upon the same. It follows as a corolary that revenue officers exercising                NCT of Delhi, (2012) 129 DRJ 317.




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 powers under the Land Revenue Act cannot assume to himself tHe jurisdiction                             27.Settlement of disputes as to entries in Annual Register—(1) All
 which must be referred for determination of the authority competent to do so.                      disputes regarding entries in the Annual Register based on the question
 Mayank Vashishth v. Financial Commissioner, 2004 (114) DLT162.
                                                                                                   whether a particular area of land is held and occupied for a public




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      Mutation Without Notice to Joint Bhumidars—Absence of a notice to the                        purposes or'a work of public utility'"shall be'referred to the Deputy
respondents and the consequent failure of a rival contention before the Naib                       Commissioner, who shall direct the party concerned to obtain a declaration




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Tehsildar could not possibly confer jurisdiction upon the Naib Tehsildar for it
                                                                                                   of the Chief Commissioner under sub-section. (4) of Section 1 of the Delhi
goes without saying that if a notice had been issued, the rival claim would have
                                                                                                   Land Reforms Act, 1954. . •' ; % - ! ; -
raised a dispute regarding the proposed mutation which would have in turn
taken the matter out of the jurisdiction of the Naib Tehsildar. On either count,                         (2)All other disputes regarding entries in the Annual Register shall be
therefore, the order of mutation passed by Naib Tehsildar is unsustainable and                     decided by the Tehsildar on the basis of possession.
could, justifiably be set aside by the appellate authorities..Mayank Vashishth v.                        (3)If in the course of an inquiry into a dispute under sub-section (2),
Financial Commission, 2004 (114) DLT 162.'H^-.^                                                    the Tehsildar is unable to satisfy himself as to which party is in possession,.
                                                                                                   he shall ascertain by summary inquiry who is th^ person best entitled to
   24.Powers to prescribe fees for. mutation—(1) The Chief
                                                                                                   the land, and shall put such person in possession.
Commissioner may prescribe proper fees for mutations in the register:
                                                                                                        (4)No order as to possession passed under this section shall debar
:••         Provided that no fee for a single mutation shall exceed rupees five.
                                                                                                   any person from establishing his right to the land in any civil or revenue
            (2) Such fees shall be levied from the person in whose favour the                      Court having jurisdiction.
mutation is made.••                                                                                    Explanation—The term ^possession' in this section means possession
            25.Fine for neglect to report—Any person neglecting to make the                        based on admission, succession, transfer or lease referred to in Section 22.
report required by Section 22 within three months from' the date of
obtaining of delivery of possession, as the case may be, under a lease or                                                               COMMENTS
other transfer, or from the date of succession, shall be liable to a fine not                           'Procedure under the provision—Law has specifically barred filing of civil
exceeding five times the amount of the fee which would otherwise have                              suits in respect of agricultural land and has provided an elaborate procedure
been payable under Section 24, or, when no fee is payable, not exceeding                           under revenue laws and only Revenue Authorities have been given power to
                                                                                                   decide the issues in respect of agricultural land. Section 79 of Delhi Land .
such amount as the Chief Commissioner may prescribe.
                                                                                                   Revenue Act gives power to the Revenue Assistant to order alterations in the
                                                                                                   annual register and to enquire into and decide cases of reported transfers.
                                       COMMENTS                                                         Section "27(3) provides that in the course of an enquiry into a dispute
    Imposition and recovery of- fine—Revenue authorities can impose a
                                                                                                   regarding possession if Tehsildar is unable to satisfy himself as to which party is
mutation fine and recover the same after the application for mutation is allowed.

 292                      The Delhi Lcmd Revenue Ad, 1954                      [S.28             S. 37]TJie Delhi Land Revenue Act, 1954293

 in possession, he has to ascertain the same by summary enquiry and after                     presumed^o be true.
 ascertaining this he has .to put such personin possession,                                       31.Obligation to furnish information necessary for the preparation
 i.> ri'Section 64 provides that in case any of the party was not satisfied with the
                                                                                             of records—Any person, whose rights, interests or liabilities are required
 order passed by Revenue Assistant Collector or Tehsildar then appeal lies ^0
                                                                                             by any enactment for the time being in force or by any rule made under
 different Revenue Authorities. There is provision for first appeal and second
                                                                                             any such enactment to be entered in any official register by a Kanungo or
 appeal. Thus this Court cannot consider the issue of possession of the
                                                                                             Patwari, shall be bound to furnish, on the requisition of die Kanungo or
 agricultural land and plaintiffs have to approach only Revenue Authorities to
 establish their possession over the property and not the Civil Court. Phuhvari y.           Patwari or of any Revenue Officer engaged in compiling the register, all
 Ram Dei, 2008 (150) DLT 105.                                                                information necessary for the correct compilation thereof.
       Cultivatory possession—Determination of—The Tehsildar, Marela, has                        32.Inspection of records—All maps, field-books, lists and registers kept
rejected the claim of the petitioner as to cultivatory possession on the ground that         under this Act shall be open to public inspection at such hours and on such
he was government servant and was staying in Delhi, therefore, not possible for              conditions as to fees or otherwise as the Chief Commissioner may prescribe.
him to cultivate the land. This reasoning of the Tehsildar is perverse and
arbitrary for the reason that for cultivation of a land the physical possession is
required not the personal presence. Moreover, a person can get paid services of
                                                                                                                               CHAPTER IV
any number of workers to cultivate the land. It is not necessary that the                                         REVISION OF MAPS AND RECORDS




                                                                                                 e
petitioner himself ought to have ploughed his field or should know exactly, who
                                                                                                 33.Notification of record operations and its effect—If the Chief
is the real owner of the Tractor being used for ploughing his field. However, his




                                                                                            od
                                                                                             Commissioner considers that, in the whole or part of the ^Uruon territory],
possession over the land is important, which the petitioner has established in
view of the witnesses examined and material placed on record. Sukhbir Singh                  general or partial revision of the records or a re-survey, or both, should be




                                                                                       aC
Kemwalv.GNCT of Delhi, (2014) 146 DRJ 202.,                                                  made, he shall publish a notification in the Official Gazette to that effect
                                                                                             and'every such area shall be held to be under record or survey operations,
       28.Settlement of boundary disputes—(1) (dl disputes regarding                         or both, as the case may be from thedate of the notification until the issue




                                                                                       di
boundaries shall be decided by the Deputy Commissioner, as far as                            of another notification declaring the operation to be closed therein.
possible, on the basis of existing survey maps, but if this is no t possible, the




                                                                                 In
                                                                                                   34/''Recdrd': Off icefs—-The ' Chief Commissioner may appoint an
boundaries shall be fixed on the basis of actual possession.
                                                                                             officer, hereinafter called the'Record Officer, to be in charge of the record
    (2) If in the course of any inquiry into a dispute under this section, the              operations or, the survey, or both, as the Case may be, in any area and as
Deputy Commissioner is unable to satisfy himself as to which party is in                    many Assistant Record Officers as to him may seem fit, and such officers
possession, or if it is shown that possession has been obtained by wrongful                 shall exercise all the powers conferred on them by this Act so long as such
dispossession of the lawful occupants of the property within a period of                    area is under record or survey operations, as the case may be.
three months previous to the commencement of the inquiry.,, the Deputy
                                                                                                 35. Powers of Record Officer as to erection of boundary marks—
Commissioner—
                                                                                            When any area is under survey the Record Officer may issue a
       (a)in the first case, shall ascertain by summary inquiry who is the                  proclamation directing all Gaon Sabhas and Bhumidhars to erect, within 15
           person best entitled to the property, and shall put such person in               days, such boundary marks as he may think necessary to define the limits
           possession; and                                                                  of the villages and fields; and in default of comphance within the time
       (b)in the second case, shall put the person so dispossessed in                       specified in the proclamation, he may cause such boundary marks to be
           possession and shall then fix the boundary accordingly.                          erected, and the Deputy Commissioner shall recover the cost of their
       29.Procedure when rent or revenue payable is disputed—In case of                     erection from the Gaon Sabha or the Bhumidhar concerned.
any dispute regarding the revenue or rent payable by a Bhumidhar or                          ,;,.,,36. Decision of disputes—In case of any dispute concerning any
Asami, the Deputy Commissioner shall not decide the dispute, but shall                      boundaries, ,the Record Officer shall decide such dispute in tire manner
record as payable, for the year to which the Annual Register refers the                     prescribed in Section 28.
revenue or rent payable for the previous years unless it has been enhanced                  • . v^.37. Records to be prepared in re-survey—When any area is under
or abated by, an order or agreement under this Act or the Delhi Land
                                                                                            survey, the Record Officer shall prepare for each village therein a map and
Reforms Act, 1954.
                                                                                            field-book, which shall thereafter be maintained by the Deputy
     30.Entries in the Annual Register to be presumed to be true—All
entries in the Annual Register shall, until the contrary is proved, be                      1.   Subs, by A.O. (No. S) 1957.

 294                     Vie Delhi Land Revenue Act, 195i                                 S. 47]The Delhi Land Revenue Act, 1954295
                                                                             [S.38
                                                                                                       . *.CHAPTER V
 Commissioner as provided by Section 16 instead of the map and field-book
 previously maintained.                                                                                        PROCEDURE OF REVENUE COURTS
     1 38. Preparation of new record-of-rights—Where any area is undq^                                            AND REVENUE OFFICERS
 record operations, the Record Officer shall frame for each, village therein
 the record specified in Section 20 and the record so framed shall thereafter                    42.Place of holding Court—(1) The Deputy Commissioner may
 be maintained by the Deputy Commissioner instead of the record                           hold his Court at any place within the ^[Union territory].
 previously maintained under Section 21.                                                       (2)An Additional (^ollector, a Revenue Assistant, an Assistant
                                                                                          Collector, a Record Officer, an Assistant Record Officer, a Settlement
      39.Attestation of entries and decision of disputes—All undisputed
                                                                                          Officer or an Assistant Settlement Officer may hold his Court at any
 entries in the record-of-rights shall be attested by the parties interested and
                                                                                          place'within the limits of his jurisdiction.
 all disputes regarding such entries, whether taken up by the Reco^d Officer
 of'his own motion or upon application by any party interested, shall be                         (3)A Tehsildar may hold his Court at any place within his tehsil.
 disposed of by him in accordance with the provisions of Sections 27, 28                        43.Power to enter upon an survey land—The Deputy
 and 29.                                                                                  Commissioner, Settlement Officer, Record Officer, and their assistants,
                                                                                          subordinates, servants, agents and workmen -may enter upon and
                                  COMMENTS                                                survey land, demarcate boundaries and do all acts necessary for any




                                                                                               e
      Powers of SDM to pass order under Section 145 of Cr. P.C.—If entries in             purpose connected with their duties under this Act or any other law for




                                                                                          od
Khasra Girdawari are changed by Kanungo in pursuant to, no proper inquiry by              the time being in force.
Tehsildar and without documentary proof of possession, it is within competence
                                                                                                44.Power of Chief Commissioner to transfer cases—The Chief
of SDM to pass order under Section 145 Cr. P.C. As nobody's properly would be




                                                                                     aC
safe as with one stroke of pen Patwari or Tehsildar can change possessory title of        Commissioner may. transfer any judicial or non-judicial case or any class
a person. Master Nikunj Kumar, Gupta v. State, 2003(8) AD (Delhi) 75.                     of "such cases,-including partition cases, from any subordinate revenue




                                                                                     di
                                                                                          Court or Revenue Officer to any.other such Court or officer competent
     40.Particulars to be stated in the list of tenure and sub-tenure
                                                                                          to deal therewith..-ur^'.'-.l ^:;.;•           ,- '
holders—The register of persons cultivating or otherwise occupying land




                                                                                In
specified in Section 20 shall specify as to each tenure or sub-tenure                          45.Power to transfer cases to and from subordinates—The Deputy
holder the following particulars—.                                                        Commissioner, a.Revenue Assistant/aTehsildar, a Record Officer or a
       (a)the tenure or sub-tenure as determined under the Delhi Land                     Settlement Officer may make over any case or class of cases, arising
           Reforms Act, 1954.                                                             under the provisions of this .Act of. otherwise, for inquiry or decision,
                                                                                          from his own file to any of his subordinates competent to deal with such
       (b)the revenue and cesses or local rates or any other dues payable
                                                                                          case or class of cases, or may withdraw any case or class of cases or class
           by the tenure-holder or rent payable by the suB^tenure holder;
                                                                                          of cases himself or refer,, the-same, i for disposal to. any other such
           and
                                                                                          Revenue Officer competent to deal therewith.
       (c)any other conditions of the tenure or sub-tenure which the
          Chief Commissioner may by rules require to be recorded.                             46.Consolidation of case's—^•Where more cases than one involving
                                                                                          substantially the same question for determination and based on the
     Explanation—For the purposes of this section the year for which the
                                                                                          same cause of action are pending in one or more Courts, they shall, on
register is prepared shall be reckoned as a complete year.
                                                                                          application being made by any party to the Court to which the Court or
       41.Presumption as to entries—All entries in the record-of-rights                   Courts concerned are all subordinate, be consolidated in one Court and
prepared in accordance with the provisions of this Chapter shall be                       decided by a single judgment. Such cases may be filed direct in the
presumed to be true until the contrary is proved; and all decisions                       superior Court, i:         . >.,•,• •   '
under this Chapter in cases of disputes shall, subject to the provisions of
                                                                                               47.Power'to'summon persons to give evidence and produce
sub-section (3) of Section 27, be binding on all revenue Courts in respect
                                                                                          documents—Any revenue Court may summon any person whose
of the subject-matter of such disputes; but no such entry or decisions
                                                                                          attendance'it considers necessary for the purpose of any investigation,
shall affect the right of any person to claim and establish in the Civil
                                                                                          suit or other .'business before it. All persons so summoned shall be
Court any interest in land which is required to be recorded in the
register prescribed by Section 20.
                                                                                          1.   Subs, by A.O. (No. 5) 1957.

     •2 96                      the Delhi land Revenue Act, 1954         [S. 48         S. 60]                 Tlie Delhi Land Revenue Act, 1954
                                                                                                                                                                297
     bound to attend, either in person or by an authorised agent, as such               1908.    .^
     Court may direct, and to state the truth upon any subject respecting
                                                                                            54.Hearing in absence of party—Whenever any party to such
     which they are examined or make statements, and to produce such
                                                                                        proceedings neglects to attend on the day specified in the summons or
     documents and other things as may be required:<•
                                                                                        on any day to which the case may have been postponed, the Court may
          Provided that persons exempt from personal attendance in Civil                dismiss the case for default or may hear and determine it ex-parte.
     Court under Sections 132 and 133 of the Code of Civil Procedure, 1908,
                                                                                              55.No appeal from orders passed ex-parte or by default. Re
     shall subject to the provisions of those sections, be exempt from
                                                                                        hearing on proof of good cause for non-appearance—No appeal shall
     personal attendance under this section.
                                                                                        lie from an order passed under Section 54 ex-parte or by default; but in
          48.Procedure in case of non-compliance with summons—If any                    all such cases, if the party against whom judgment has been given
     person, on whom a summons to give evidence or produce a documents                  appears either in person or by agent (if a plaintiff, within 30 days from
     has been served, fails to comply with the summons, the officer by whom             the date of such order, and if a defendant within 30 days, after such
     the summons has been issued may .exercise the powers conferred on
                                                                                        order has been communicated to him, or after any process for enforcing
     Civil Courts by Order XVI, Rules 10 to 13,17 and 18 of the Code of Civil           the judgment has been executed or at any earlier period), and shows
     Procedure, 1908.
                                                                                        good cause for his non-appearance and satisfies the officer making the
    49.Summons to be in writing, signed and sealed—Every                                order that there has been a failure of justice, such officer may, upon such




                                                                                          e
 summons shall be in writing, in duplicate^ arid shall be signed and                    terms as to costs or otherwise as he thinks proper, revive the case and




                                                                                       od
 sealed by the officer issuing it or by such person as he empowers in this              alter or rescind the order according to the merits of the case:,
 behalf and shall be served by tendering or delivering a copy of it to the                 Provided that no order shall be reversed or altered without




                                                                                  aC
 person summoned, or, if he cannot be found, by affixing a copy of it to               previously summoning the party in whose favour judgment has been
 some conspicuous part of his usual residence and if such person resides               given to appear and be heard in support of it. .
 outside the tjUnion territory] the summons may be sent by post to the                      56.Correction of error or omission—Any Court or officer by




                                                                                  di
 Collector of the district concerned for service.
                                                                                       whom an order has been passed^ in any proceeding under this Act may,




                                                                            In
      50.Mode of serving notices—Every notice under this Act may be                    within 90 days of such order, either of his own motion or on the
 served either by tendering, delivering or sending a copy thereof by post              application of a'party,'correct any error !6r omission, not affecting a
 in a cover registered under the Indian Post Offices Act, 1898, to the                 material part of ,the case, after such notice to the parties as may be
 person on whom it is to be served or to his authorised agent or by                    necessary.
 affixing a copy thereof at some place of public resort on or adjacent to
                                                                                          57.Power to refer disputes , to . arbitration—The Chief
 the land to which such notice refers.-^.,...
                                                                                       Commissioner, the Deputy Commissioner, an Additional Collector, an
     51.Mode of issuing proclamation—Wherever a'proclamation                           Assistant Collector of the first class or a Revenue Assistant, a Record
issued under this Act, copies thereof shall be posted in the court-house               Officer or an Assistant Record .Officer, a Settlement Officer or an
of the officer issuing it, at the headquarters of the Tehsil and. at some
                                                                                       Assistant Settlement Officer, may, with the consent of the parties, by
place of public resort on or adjacent to the land to which it refers and if            order, refer any dispute before him. to,arbitration.
the officer issuing it so directs, the proclamation shall further be
published by beat of drum on or near the land to which it refers.                           58.Procedure in cases referred .to arbitration—In all cases of
                                                                                       reference to arbitration imder Section 57, the provisions of the
     52.Notice ^and proclamation not void for error—No notice or
proclamation shall be deemed void on account of any error in the name                  Arbitration Act, 1940, shall apply so far as they are not inconsistent with
or designation of any person, or in the description of any land referred               anything in this Act.,              ,
to therein, unless such error has produced substantial injustice.                           59.Application to set aside award—Any application to set aside
         53.Procedure for procuring attendance of witnesses—-If in any                 an award shall be made within ten days after the day appointed for
proceeding of a judicial nature pending before any revenue Court either                hearing the award.     •-.,.,
party desires the attendance of witnesses, it shall follow the procedure                    60.Decision according to award—If the officer making the
prescribed by Order XVI, Rules 2 to 4 of the Code of Civil Procedure,                  reference does not see cause to remit the award or any of the matters
                                                                                       referred to arbitration for reconsideration, and if no application has
1.    Subs, by A.O. (No. 5) 1957.                                                      been made to set aside the award, or if he has refused such application,

                          The pelhi Land Reven ue Act, 195i •          [S..61
                                                                                     S.69]                    The Delhi Land Revenue Act, 1954                     299
  he shall decide in accordance with the award^ or if the award has be^n
  submitted to him in the form of a special case, according to his own               Commissioner from an order deciding an appeal under Clause (a), or •
  opinion in such case.                                                              Clause (b) of sub-section (1) of Section 64 on any of the following
                                                                                     grounds and no other, namely:—
       61.Bar to appeal and suit in Civil Court—Such decision shall bet
                                                                                             (i) the decision being contrary to law or to some usage having the
 once carried out, and shall not be open to appeal unless the decision is
                                                                                                 force of law,
 in excess of, or not in accordance with, the award, or unless the decision
 is impugned on the ground that there is no valid award in law or in fact;                   (ii) the decision having failed to determine some material issue of

 and no person shall instituted any suit in the Civil Court for the purpose                      law or usage haying the force of law,
 of setting if aside or against the arbitrators on account of their award.                (iii) a substantial error or defect in the procedure as laid down in
                                                                                                this Act or prescribed thereunder, which may possibly have
      62.Recovery of fines and costs—All fees fines, costs, other than
                                                                                                produced error or defect in the decision of the case upon the
 costs between party and party, and other money ordered t5 be paid
                                                                                                merits.
 under this Act shall recoverable as if they were an arrears of revenue. A
 revenue Court shall have power, subject to any special provisions in this
                                                                                                                       COMMENTS
 Act, to give and apportion costs due under this Act in any proceedings
                                                                                           Exercise of power by High Court under Article 226 of the Constitution—
 before it in such manner as it thinks fit.
                                                                                     As per scheme of the Act, second appeal lies before the Financial Commissioner




                                                                                       e
     63.Delivery of possession of immovable property—When an                         under Section 66. Financial Commissioner also has supervisory powers under




                                                                                     od
 order is made that a person be put in possession of any immovable                   Section 72 to call for files of subordinate officers and revise orders. No further
 property the officer making the order may deliver over possession in                appeal is envisaged in the said Act.
                                                                                           When exercising power under Article 226 when Issuing writ of certiorari,




                                                                                aC
 the same manner, and with the same powers in regard to all contempt,
                                                                                     the High Court would not review findings of facts reached by an inferior Court
 resistance, and the like, as may be lawfully exercised by the Civil
                                                                                     or Tribunal even if they are erroneous. The Court is exercising only supervisory
 Courts, in execution of their own decrees."




                                                                                di
                                                                                     and hot appellate jurisdiction. It would not be for the superior Court to re-hear
                          CHAPTER VI                                                 the case on the findings of facts and substitute its own findings. Ravinder Singh




                                                                         In
               APPEALS, REFERENCE AND REVISION                                       and anothers v. Govt of NCT of Delhi and others, (2016) 155 DRJ 237 : (2016) 3 AD
                                                                                     (Del.) 324•'
     64.Courts to which appeals lie—(1) An appeal shall He under this                     67.Limitation for appeal—(1) No appeal to the Settlement Officer,
Act-
                                                                                     the Record Officer or the Deputy Commissioner or to an Additional
     fa) to the Settlement Officer or the Record Officer from orders                 Collector empowered to hear appeals shall be brought after the
          passed by any Assistant Settlement Office"^ or. ^ssistant Record           expiration of 30 days from the date o! the order complained of, unless
          Officer, respectively;v<^"<                                                otherwise specially provided by'or under this Act or the Delhi Land
     (b)to the Deputy Commissioner or to the Additional Collector                    Reforms Act, 1954.
         specially empowered in this behalf from orders passed by the                    (2) No appeal or second appeal to the Chief Commissioner shall be
          Revenue Assistant, an Assistant Collector or Tehsildar;                    brought after the expiration of 60 days from the date of the order
     (c)to the Chief Commissioner from orders passed by the Deputy                   complained of.
         Commissioner, Additional Collector, Settlement Officer or                        68.Appeal against order admitting an appeal—No appeal shall lie
          Record Officer.                                                            against an order admitting an appeal on the grounds specified in
     (2) No appeal shall be allowed from a non-judicial order not                    Section 5 of the Indian Limitation Act, 1908.
connected with settlement passed by the Deputy Commissioner.
                                                                                         69.Powers of appellate court—(1) The appellate court may either
     65.First appeal—Unless an order is expressly made final by this                 admit or summarily reject the appeal.
Act, an appeal shall lie to the Court authorised under Section 64 to hear                 (2) If it admits the appeal, it may—
the same from every original order passed in any proceedings held                         (a)reverse, vary or confirm the order appealed against; or
under the provisions of this Act.
                                                                                          (b)direct such further investigation to be made or such additional
    66.Second appeal—A second appeal shall lie to the Chief                                     evidence to be taken as it may think necessary; or
                                                                                          (c)itself takes such additional evidence; of

  300                       The Delhi Land Revenue Act, 19Si                   [S.70
                                                                                             S.79]                      The Delhi Land Revenue Act, 1954            301
         (d) remand the case for disposal with such directions as it thinks
             fit.                                                                                    73.Power of Chief Commissioner to review and alter his orders
      70.Power to suspend execution of order of lower court—When an                          and decrees—(1) The Chief Commissioner may review, and any rescind,
  appeal is admitted, the appellate court may, pending the result of the                     alter or confirm any order made by himself in the course of business
  appeal, direct the execution of the order of tire lower court to be stayed.                connected with settlement or otherwise.
        71.Power of Deputy Commissioner, etc. to call for records and                                (2) No decree or order passed judicially by him shall be so
  proceedings and reference to the Chief Commissioner—The Deputy                            reviewed except on the application of a party to the case made within a
  Commissioner, the Settlement Officer or the Record Officer may call for                   period of 90 days from the passing of the decree or order, or after such
  and examine the record of any case decided or proceedings held by any                     period if the applicant satisfies the Chief Commissioner that he had
  officer subordinate to him for the purpose of satisfying himself as to the                sufficient cause for not making the application within such period.

  legality or propriety of the order passed and as to the regularity of the
 proceedings and, if he is of opinion that the proceedings taken or order                                                      CHAPTER VII
 passed by such subordinate officer should be varied, cancelled or                                                           MISCELLANEOUS
 reversed, he shall refer the case with his opinion thereon for the orders
 of the Chief Commissioner and the Chief Commissioner shall thereupon                             74.Conferring powers—In conferring powers under this Act, the
                                                                                            Chief Commissioner may empower persons by name or classes of
 pass such orders as he thinks fit.




                                                                                                 e
                                                                                            officials generally, by their official titles, and may vary or cancel any
      72. Power of Chief Commissioner to call for files of subordinate




                                                                                            od
                                                                                            such order...
 officers and to revise orders—The Chief Commissioner may call for the
 record of—                                                                                       75.Powers of officer promoted to a higher office in the Union




                                                                                       aC
        (a)   any non-judicial proceeding not connected with settlement/                    territory^-Whenever any person holding an office in the service of the
              held by any officer subordinate to him, and may pass thereon                  ^[Union territory], who has been invested with any powers under this _
                                                                                            Act, is promoted toa higher office of the same nature in the '[Union




                                                                                       di
              such orders as he thinks fit/ or
                                                                                            territory], he shall, unless the Chief Commissioner otherwise directs, be
        (b)   any case of a judicial nature or connected with settlement, in




                                                                                 In
              which no appeal lies to the Chief Commissioner, if the officer                held to be invested with the same powers under this Act in the higher
              by whom the case was decided appears to have exercised                        office to which he is promoted.
              jurisdiction not vested in him by law, or to have failed to                         76.Investment of Additional Collector with powers of Deputy
              exercise a jurisdiction so vested, or to have acted in the                    Commissioner—-The Chief Commissioner may confer on an Additional
              exercise of his jurisdiction illegally, or with substantial                   Collector, a Revenue Assistant or an Assistant Collector of the first class
              irregularity, and may pass such orders iifthe c^ise as he thinks              all or any of the powers of the Deputy Commissioner, and all powers so
              fit."*^                                                                       conferred shall be exercised subject to the control of the Deputy
                                                                                            Commissioner.
                                  COMMENTS                                                      77.Conferring of powers on Tehsildars and Naib-Tehsildars—
       Exercise of powers by the Chief Commissioner—Where the order passed
 by the Financial Commissioner shows that instead of going into the issue of                The Chief Commissioner may confer on any Tehsildar all or any of the
 limitation he has gone into the merits of the case while considering the revision          powers of an Assistant Collector of the first class and on any Naib-
 petition. The Financial Commissioner could only have gone into the issue of                Tehsildar all or any of the powers of Tehsildar.
 limitation and taken a view as to whether there was sufficient cause shown by                . ., 78, Deputy Commissioner to have all powers of an Assistant
 the appellant for condonation of delay in filing the appeal or not. In case the            Collector—The Deputy Commissioner may exercise all or any of the
Financial Commissioner comes to the conclusion that there was no justification
                                                                                            powers of an Assistant Collector imder this Act or any other law for the
for condonation of delay in filing the appeal only then he could have dismissed
                                                                                            time being in force.
the appeal as barred by limitation, but without going into the question of
limitation, the Financial Commissioner could not have gone into the merits of the                791 Powers of a Revenue Assistant—A Revenue Assistant shall, as
case. In fact in the event of the Financial Commissioner upholding the order of             such have the following powers—
the Additional Collector condoning the delay in filing the appeal, he will have to              (1) to call on owners to erect or repair boundary marks, and, in
refer the matter back. Wood Kumar and others v. Shri Amit Bansdl and others, (2013)         default, to erect or repair the same and charge the cost to owners under
5 AD (Del.) 294
                                                                                            1.   Subs, by A.O. (No.5) 1957

                       Vie Delhi Land Revenue Act, 1954                                                      The Delhi Land Revenue Act, 1954                303
                                                                         [S. 80        S. 85]>,

 Section 17;                                                                                    regulating their postings and transfers and their appointment
      (2)to impose penalties under Section 18 for injuries to boundary or                       in temporary.
 survey marks, and in certain cases apportion the charges or repairing                     (b)Regulating the appointment and transfer of Patwaris and
 boundary or survey marks;                                                                      Kanungos, their salaries, qualifications, duties, removal,
      (3)to order alterations in the Annual Register under Section 21;                          punishment,.suspension and dismissal.
      (4)to enquire into and decide cases of reported transfers under                      (c)prescribing the form, contents, method of preparation,
                                                                                               attestation and maintenance of the record-of-rights and other
 Sections 23 and 26;
                                                                                               records, maps, field-books, registers and lists made or kept
      (5)to levy fees for mutations under Section 24, and fines under
                                                                                               under Section 20 of this Act and prescribing the kind of land,
 Section 25;
                                                                                               if any, in respect of which any such record need not be
      (6)to decide disputes and pass orders under Sections 27,28 and 29.
                                                                                                prepared.
     80.Powers of Assistant Collectors of first class, other than a                        (d)regulating the imposition and realisation of fines under
Revenue Assistant—An Assistant Collector of the first class, other than                         Section 25 for failure to notify successions or transfers.
a Revenue Assistant, shall exercise all or any of the powers conferred on
                                                                                           (e)regulating the costs which may be recovered in or in respect of
a Revenue Assistant in such cases or classes of cases as the Deputy




                                                                                        e
                                                                                               any judicial or noh-judiciai pro'c ee'dihgunder this Act.
Commissioner may, from time-to-time, refer to him for disposal.




                                                                                       od
                                                                                           (f)generally for the guidance of, and regulating the procedure to
     81.Powers of Assistant Collector of second class—An Assistant                              be followed by, an officer (or other person) who under any
Collector of the second class shall in addition to the powers conferred                         provision of this Act is required or empowered to take action




                                                                                  aC
by or under any other provision of this Act, have power to investigate
                                                                                                in any judicial or non-judicial'matter;
report on such cases as the Deputy Commissioner or the Revenue
                                                                                         ' (g) defining the classes of cases, matters, business, orders or




                                                                                  di
Assistant may, from time to time, commit to him for investigation and
                                                                                               proceedings which are to be deemed judicial or non-judicial,
report.




                                                                             In
                                                                                                respectively.
     82.Powers of Assistant Record Officer—An Assistant Record
                                                                                           85. Interpretation—The provisions of the General Clauses Act,
Officer may, subject to the control of the Record Officer, exercise all or
                                                                                       1897 (10 of 1897), shall, apply, so far as may be, to this Act in the same
any of the powers conferred by or under this Act on Record Officer.
                                                                                       manner as they apply to a Central Act.
     83.Matters excepted from cognizance of Civil Courts—No person
shall institute any suit or other proceeding in the,.Civil Court with
respect to any of the following matters:""",
     (a)the arrangement of Patwaris' halkas;
     (b)claims by any person to any of the officers mentioned in
          Section 13 or 14 or to any emolument or fees appertaining to
          such office, or in respect of any injury caused by his exclusion
          therefrom, or claims by any person to nominate persons to
          such offices;
     (c)the formation of the record of rights or the preparation,
          signing, or attestation of any of the documents contained
          therein, or the preparation of the annual register.
     84.Power of the Chief Commissioner to make rules—(1) The
Chief Commissioner may make rules for the purpose of carrying into
effect the provisions of this Act.
     (2) Without prejudice to the generality of the foregoing power, such
rules may provided for—
    (a) prescribing the duties of Tehsildars and Naib-Tehsildars, and