- (1.) By this judgment we dispose of these appeals filed by the Delhi Administration against the judgment of the Division Bench of the Delhi High Court dated 7th January, 1995 passed in a batch of writ petitions. The High Court held that the amendments made to Rules 49, 63, 65 and 67 and also to Form P5 of the Delhi Revenue Rules by the notification dated 8-11-1989 are ultra vires of the provisions of the Delhi Land Revenue Act, 1954 (for short the Land Revenue Act). We quote below the old and the new amended Rules : OLD RULE NEW RULE "49 - Inspection tours.- (1) In order to maintain the map and field book, the patwari shall make three field to field inspections every year of every village in his Halka. The tours shall begin respectively on Ist September and 14th February, 15th October and 15th March. The first and the second tours shall be completed on 30th September and 15th February respectively; the third shall be completed within a fortnight. "49 - Inspection tours.- (1) In order to maintain the map and field book, the patwari shall make three field to field inspections every year of every village in his Halka. The tours shall begin respectively on Ist September and 15th February, 15th October and 15th March. The first and the second tours shall be completed on 30th September and 15th February respectively; the third shall be completed within a fortnight. (2) The Deputy Commissioner may, under special circumstances postpone any tour for a period not exceeding 15 days." (2) The Deputy Commissioner may, under special circumstances postpone any tour for a period not exceeding 15 days." Provided that nothing contained in this rule shall apply to land situated in the extended abadi. Explanation : For purposes of this rule "extended abadi" means the area earmarked and reserved for housing sites and for common purposes of the village during Consolidation of Holding under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 as extended to the Union Territory of Delhi and includes any area which may be declared as such by the Administration by a notification published in the official Gazette. OLD RULE NEW RULE "63 - Name of tenure holder and or sub-tenure holder Columns 4 and 5. (1) - Entries in columns 4 and 5 shall be made from the Khatauni of the current year. Patwaries are prohibited from making any changes except on the basis of an order from a competent authority and recorded already in the current years Khatauni. Such a change shall be recorded in red ink in the relevant column and the relevant order quoted in columns 7, 8, 9 and 10 of the quadrennum Khatauni shall be reproduced in the remarks column of the Khasra. "63 - Name of tenure holder and or sub-tenure holder Columns 4 and 5. (1) - Entries in columns 4 and 5 shall be made from the Khatauni of the current year. Patwaries are prohibited from making any changes except on the basis of an order from a competent authority and recorded already in the current years Khatauni. Such a change shall be recorded in red ink in the relevant column and the relevant order quoted in columns 7, 8, 9 and 10 of the quadrennum Khatauni shall be reproduced in the remarks column of the Khasra. Explanation - The term tenure-holder or sub-tenure holder does not include a purchaser for fruits or flowers, who is to be shown only in the column of remarks with brief details of his lease. Explanation - The term tenure-holder or sub-tenure holder does not include a purchaser for fruits or flowers, who is to be shown only in the column of remarks with brief details of his lease. (2) - If there is more than one tenure holder or sub-tenure holder included in a Khatauni Khata the names of all the tenure holders and sub-tenure holders shall be entered against the first plot of the khata but against the subsequent plots should be entered only the first name followed by a reference to the first plot of the khata. (2) - If there is more than one tenure holder or sub-tenure holder included in a Khatauni Khata the names of all the tenure holders and sub-tenure holders shall be entered against the first plot of the khata but against the subsequent plots should be entered only the first name followed by a reference to the first plot of the khata. (3) - If a person other than the one recorded in column 4 or 5 is found to be in actual occupation of the plot at the time of the partial, his name shall be recorded in red ink in the remarks column as baqabza so and so. (3) - If a person other than the one recorded in column 4 or 5 is found to be in actual occupation of the plot at the time of the partial, his name shall be recorded in red ink in the remarks column as baqabza so and so. Note - All entries in such cases are intended to show the fact of possession; these shall under no circumstances be held as recognition of any illegal transmission. Note - All entries in such cases are intended to show the fact of possession; these shall under no circumstances be held as recognition of any illegal transmission. (4) - If a tenure holder or sub-tenure holder recorded in column 4 or 5, ceases to be in possession, for any reason and no one else is found to be in possession, the entry in the remarks column shall show the reason for the plot remaining uncultivated by entering therein, the fact of decease of the tenure-holder or sub-tenure holder or surrender or abandonment or his becoming untraceable etc., as the case may be. Even in these cases the entry in column 18 of the khasra sha;; show the class or sub-class of uncultivated land." (4) - If a tenure holder or sub-tenure holder recorded in column 4 or 5, ceases to be in possession, for any reason and no one else in found to be in possession, the entry in the remarks column shall show the reason for the plot remaining uncultivated by entering therein, the fact of decease of the tenure-holder or sub-tenure holder or surrender or abandonment or his becoming untraceable etc., as the case may be. Even in these cases the entry in column 18 of the Khasra shall show the class or sub-class of uncultivated land." OLD RULE NEW RULE (5) Notwithstanding anything contained in any law for the time being in force, nothing contained in this rule shall apply to any land- (a) included in any estate owned by the Central Govt. or local authority : (b) held and occupied for a public purpose or a work of public utility and declared as such under clause ( (c) of sub-section (2) of Section 1 of the Delhi Land Reforms Act, 1954 (Act No. 8 of 1954); (c) situated in village-abadi or extended abadi; (d) notified for acquisition under section 6 of the Land Acquisition Act, 1984 or notified as such under any other law for the time being in force; (e) vested in a Gaon Sabha; (f) declared as 'wakf' property under the Wakf Act, 1954"
(2.) The existing Rule 65-A was substituted as follows : Where any plot of land is lying vacant or uncultivated on account of failure of the crop and the same not having been re-sown or on account of not sowing any crop or for any reason whatsoever, the Patwari shall make the entry thereof in remarks column of the Khasra girdawri in Form-4.
(3.) In Rule 67 sub-rules (7) and (8) was omitted.;