Holding

The amendments to Rules 49, 63, 65, 67 and Form P‑5 are ultra vires of the Delhi Land Revenue Act, 1954 and the Delhi Land Reforms Act, 1954.

Summary

The Delhi Administration appealed a Delhi High Court order that had quashed amendments made by a 1989 notification to Rules 49, 63, 65, 67 and Form P‑5 of the Delhi Land Revenue Rules. The amendments excluded certain categories of land, such as "Extended Abadi", from being entered in the record‑of‑rights and annual register, thereby affecting the rights of tenure‑holders and sub‑tenure‑holders. The Supreme Court examined the powers conferred by the Delhi Land Revenue Act, 1954 and the Delhi Land Reforms Act, 1954 and held that the rule‑making authority cannot classify or exclude land beyond the scope of those statutes. It found that the amended rules were inconsistent with Sections 16, 20, 21 and 40 of the Revenue Act and with the provisions of the Reforms Act. Consequently, the Court affirmed the High Court’s decision, declared the amendments ultra vires, dismissed the appeal and ordered each party to bear its own costs.

Issues considered

Whether the 8 November 1989 amendments to Rules 49, 63, 65, 67 and Form P‑5 of the Delhi Land Revenue Rules are ultra vires of the Delhi Land Revenue Act, 1954.
Whether the rule‑making authority under the Act could classify or exclude any land from the preparation of the record‑of‑rights and annual register.

Legislation cited

Delhi Land Reforms Act, 1954s. 4, s. 5, s. 81
Delhi Land Revenue Act, 1954s. 16, s. 20, s. 21, s. 40, s. 41
Land Acquisition Act, 1984s. 6
Wakf Act, 1954

Subjects

ultra viresrule making powerstatutory interpretationrecord of rightsland classificationDelhi Land Revenue ActDelhi Land Reforms Actcivil appeal

Judgment

', I' ADDL. DISTT. MAGISTRATE (REV.) DELHI ADMN. ETC. A
v.
SHRI SIRI RAM ETC.

MAYS, 2000

[S. SAGHIR AHMAD AND S.N. PHUK.AN, JJ.] B

Delhi Land Revenue Act, 1954-Sections 16, 20 21 & 40-Delhi Land
Revenue Rules (as amended by the Notification dated 8.ll.1989)-Rules 49,
63, 65 & 67 and Form P5-Amendment of rules-Whether ultra vires of the
provisions of the Act--Held, yes-The rule making authority exceeded its c
power conferred on it by the Act-Land Refo11ns Act, 1954.

Interpretation of Statute-Conferment of rule making power by an Act
does not enable the rule making authority to make rule which travels beyond
the scope of the enabling Act-Land Reforms Act, 1954.
D
Rules 49, 63, 65 & 67 and Form PS of Delhi Land Revenue Rules
were amended vide Notification dated 8.11.1989. The same were chal-
lenged in a writ petition before High Court as ultra vires of the provisions
of Delhi Land Revenue Act. High Court quashed the amended rules as
>-- ultra vires of the act, holding that it the amendments are given effect to, E
possession of land of the person, will not be recorded in record-of-rights in
'Excluded Areas' and other categories of land referred to in sub-rule (5) of
Rule 63. Hence, appeal to this Court was r.le~.

Dismissing the appeal, this Court
F
HELD: 1.1. As a result of the amendments made in Rule 49 and
Rule 63 of the Delhi Land Revenue Rules, the rights of the tenure holder or
a sub-tenure holder occupying land in 'Extended Abadi' or six categories
of lands mentioned in the new sub-rule (5) of Rule 63 would be adversely
affected as their possession of the land in these areas would not be reflected G
in the record-of-rights and Annual Register. This is contrary to the provi-
sions of Land Revenue Act as well as Land Reforms Act. (1026-H)

1.2. The Land Revenue Act did not empower the rule making au-
thority either to classify land or exclude any area from preparation of H
1019
1020 SUPREME COURT REPORTS [2000] 3 S.C.R.
record-of-rights and Annual Register and therefore if the amendments are
A
upheld, the result would be that a person would be deprived of his valuable
-" ~

right of possession in the excluded area as his name would not be recorded
in the record-of-right. [1025-G-H]

1.3. By amending Rule 49, the rule making autho_rity has excluded
B certain classes of land which is defined as ''Extended Abadi" from the
operation of preparation of map and the field book. The Act does not
authorise the rule making authority to exclude any area from the purview
of Section 16 of the Land Revenue Act. Thus the rule making authority
acted beyond its power. [1026-C]
c
2. It is well recognised principle of interpretation of a statute that
conferment of rule making power by an Act does not enable the rule
making authority to make rule which travels beyond the scope of the
.J,.
enabling Act or which is inconsistent therewith or repugnant thereto. By
amending the Rules and From PS, the rule making authority has exceeded
D the power conferred on it by land Reforms Act. [1027-B]

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 6255 of 1995
Etc. Etc.

E From the Judgment and Order dated 17.1.95 of the Delhi High Court -t
in C.W. No. 3153 of 1991.

V.N. Ganpule, Ashok Panda, R.P. Bansal, D.S. Mehra, Ms. Rekha
Pandey, S.N. Terdol, C.B. Veima, Mukesh K. Giri, C.S. Ashri, Pramit Saxena,
S.V. Deshpande, B.K. Prasad, Sunil Gupta, Pramod Dayal and Praveen Jain
F for the appearing parties.

The Judgment of the Court was delivered by

PHUKAN, J. By this judgment we dispose of these appeals filed by
the Delhi Administration against the judgment of the Division Bench of the
G
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 Land Revenue Rules by the Notification
dated 8.11.1989 are ultra vi res of the Provisions of Delhi Land Revenue Act,
1954 (for short the Land Revenue Act). We quote below the old and the new
H amended Rules :
DISTT. MAGISTRATE v. SIRI RAM [PHUKAN, J.] 1021

OLD RULE NEW RULE A
"49 - Inspection tours - (1) In "49 - Inspection tours - (1) In
order to maintain the map and field order to maintain the map and field
book, the patwari shall make three book, the patwari shall make three
field to field inspections every year field to field inspections every year
of every village in his Halka. The of every village in his Halka. The
B
tours shall begin respectively on Ist tours shall begin respectively on 1st
September and 15th February, 15th September and 15th February, 15th
October and 15th March. The first October and 15th March. The first
and the second tours shall be com- and the second tours shall be com-
pleted on 30th September and 15th pleted on 30th September and 15th c
February respectively; the third shall February respectively; the third shall
be completed within a fortnight. be completed within a fortnight.

(2) The Deputy Commissioner (2) The Deputy Commissioner
may, under special circumstances post- may, under special circumstances post-
D
pone any tour for a period not ex- pone any tour for a period not ex-
ceeding 15 days." ceeding 15 days."

Provided that nothing contained
in this rule shall apply to land situ-
ated in the extended :ibadi. E

Explanation :

For purposes of this rule "ex-
tended abadi" means the area ear-
marked and reserved for housing sites F
and for common purposes of the vil-
lage during Consolidation of Hold-
ings under the East Punjab Holdings
(Consolidation & Prevention of Frag-
mentation) Act, 1948 as extended to G
the Union Telritory of Delhi and in-
cludes any area which may be de-
clared as such by the Administration
by a notification published in the
official Gazette. H
1022 SUPREME COURT REPORTS [2000] 3 S.C.R.
·'63 - Name of tenure holder "63 - Name of tenure holder
A
and or sub-tenure holder Columns 4 and or sub-tenure holder Columns 4
and 5 (1) - Entries in columns 4 and and 5 (1) - Entries in columns 4 and
5 shall be made from the Khatauni of 5 shall be made from the Khatauni of
the current year. Patwaries are pro- the current year. Patwaries are pro-
hibited from making any changes hibited from making any changes
B except on the basis of an order from except on the basis of an order from
a competent authority and recorded a competent authority and recorded
already in the current years Khatauni. already in the cuuent years Khatauni.
Such a change shall be recorded in Such a change shall be recorded in
red ink in the relevant column and red ink in the relevant column and
the relevant order quoted in columns the relevant order quoted in columns
c 7, 8, 9 & 10 of the quardrennurn 7, 8, 9 & 10 of the quardrennum
Khatauni shall be reproduced in the Khatauni shall be reproduced in the
remarks column qf the Khasra. remarks column of the Khasra.

Explanation - The term tenure- Explanation - The term tenure-
D holder or sub-tenure holder does not holder or sub-tenure holder does not
include a purchaser for fruits or flow- include a purchaser for fruits or flow-
ers, who is to be shown only in the ers, who is to be shown only in the
column of remarks with brief details column of remarks with brief details
of his leas~. of his lease.

E (2) - If there is more than one (2) - If there is more than one
tenure holder or sub-tenure holder tenure holder or sub-tenure holder
included in a Khatauni Khata tlle included in a Khatauni Khata the
names i;Jf all the tenure holders and names of all the tenure holders and
sub-tenure holders shall be entered sub-tenure holders shall be entered
against the first plot of the khata but against the first plot of the khata but
F against tlle subsequent plots should against the subsequent plots should
be entered only the first name fol- be entered only the first name fol-
lowed by a reference to the first plot lowed by a reference to the first plot
of the khata. of the khata.

(3) - If a person other tllan the (3) - If a person oilier than tlle
G
one recoded in column 4 or 5 is one recorded in column 4 or 5 is
found to be in actual occupation of found to be in actual occupation of
the plot at the time of the partial, his the plot at the time of tlle partial, his
name shall be recorded in red ink in name shall be recorded in red ink in
the remarks column as baqabza so the remarks column as baqabza so
H and so. and so.
DISTI. MAGISTRATE v. SIR.I RAM [PHUKAN, J.] 1023

Note - All entries in such cases Note - All entries in such cases A
are intended to show the fact of pos- are intended to show the fact of pos-
session; these shall under no circum- session; these shall under no circum-
stances be held as recognition of any stances be held as recognition of any
illegal transmission. illegal transmission.

(4) - If a tenure holder or sub- (4) - If a tenure holder or sub- B
tenure holder recorded in column 4 tenure holder recorded in column 4
or 5, ceases to be in possession, for or 5, ceases to be in possession, for
any reason and no one else is found any reason and no one else is found
to be in possession, the entry in the to be in possession, the entry in the
remarks column shall show the rea- remarks column shall show the rea- c
son for the plot remaining unculti- son for the plot remaining unculti-
vated by entering therein, the fact of vated by entering therein, the fact of
decease of the tenure-holder or sub- decease of the tenure-holder or sub-
tenure holder or surrender or aban- tenure holder or surrender or aban-
donment or his becoming untraceable donment or his becoming untraceable
etc., as the case may be. Even i~ etc., as the case may be. Even in
o·
these cases the entry in column 18 of these cases the entry in column 18 of
the Khasra shall show the class or the Khasra shall show the class or
sub-class of uncultivated land." sub-class of uncultivated land."

(5) Not-withstanding anything E
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 author- F
ity;

(b) held and occupied for a
public purpose or a work of public
utility and declared as such under · G
clause (c) of sub-section (2) of Sec-
tion 1 of the Delhi Land Reforms
Act, 1945 (Act No. 8 of 1954);

(c) situated in village-abadi or
extended abadi; H
1024 SUPREME COURT REPORTS [2000] 3 S:C.R.

A (d) notified for acquisition un-
der Section 6 of the Land Acquisition
Act, 1984 or notified as such under
any other law for the time being in
force:
,.
B (e) vested in a Gaon Sabha;

(t) declared as 'wakf property
under the Wakf Act, 1954"
The existing rule 65A was substituted as follows :
c
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 girdawari in Form-4. -"

D In rule 67 ·sub-rule (7) and (8) was omitted.

In the Rules Form P-5 was substituted by a' revised Form as appended
. to impugned rules.

After analyzing the various provisions of the Land Revenue Act and
E the Delhi Land Reforms Act, 1954 (for short the Land Reforms Act), the High
Court was of the view that actual possession of land is the basis of rights
~d title of the tenant and, therefore, it is of utmost importance that the fact
of possession is recorded in the record-of-rights. Tue High Court held that
if the amendments are given effect to po.ssession of land of the person, will
F not be recorded in record-of-rights in "Excluded Areas" and other categories
of land referred to in ~b-rule (5) of Rule 63 and on this ground quashed
the amended rule.&:·the High Court also took note of the fact that by the
amendments the rule making authority has classified different categories of
land as stated in sub-rule (5) of Rule 63 which is contrary to the provisions
of the Act.
G
According to Section 20 of the Land Revenue Act, the Revenue
Authority has to prepare record-of-rights for each village and this record-of-
rights shall consist of a register of all persons cultivating or otherwise
occupying land. Tue said register shall also specify the particulars required
H by Section 40. According to Section 40 in the said register the following
DISTI. MAGISTRATE v. SIRI RAM [PHUKAN, J.] 1025
particulars shall be specified :- A

(a) a tenure or sub-tenure as determined under the Land Reforms
Act;

(b) revenue and cesses or local rates or any other dues payable by
the tenure-holder or rent payable by the sub-tenure holder and B

(c) any other conditions of the tenure or sub-tenure which may be
prescribed by rules.

According to Section 21 of the Delhi Land Revenue Act, the Deputy
Commissioner shall maintain the record-of-rights, and for that purpose shall
c
annually, or at such longer intervals as may be directed, cause to be prepared
an amended register mentioned in Section 20 and the said register shall be
called the Annual Register. The Deputy Commissioner shall also cause to be
recorded in the Annual Register all changes that may take place and any
transaction that may affect any of the rights or interests recorded and shall D
correct any errors proved to have been made in the record-of-rights or in any
Annual Register previously prepared. The record-of-rights and Annual Reg-
ister shall be prepared for all the areas to which the Act extends and no area
was excluded.
E
Old Rule 63 deals with instructions of filling up of columns 4 and 5
from Khatauni in Form P4 and against columns 4 and 5 names of tenure
holder and sub-tenure holder as prescribed in the Khatauni are required to
be recorded. Sub-rule (3) of Rule 63 provides that if a person other than one
recorded in columns 4 and 5 is found to be in actual occupation of the land,
his name is to be recorded in remarks column. By inserting new sub-rule (5) F
to Rule 63 henceforth, Rule 63 shall not apply to the lands classified in classes
(a) to (f) of the said sub-rule. The name of a person other than one recorded
in columns 4 ·and 5 will not be recorded in Form P4 even if he is in possession
of the land. ·
G
The Land Revenue Act did not empower the rule making authority
either to classify land or exclude any area from preparation of record-of-rights
and Annual Register and therefore if the amendments are upheld, the result
would be that a person would be deprived of his valuable right of possession
in the excluded area as his name would not be recorded in the record-of-
rights. H
1026 SUPREME COURT REPORTS [2000] 3 S.C.R.
A Under Section 16 of the Land Revenue Act it is the duty of the Deputy
Commissioner to maintain a map and field bQ9k of each village in accordance
with rules made under Section 84 and to make necessary changes.

Under old Rule 49 the Patwari is required to make field to field
inspection three times in a year, the object being to maintain the map and
B the field book properly. Rule 51 enjoins a duty upon the Patwari to compare
the field one by one with the map arid in every inspection shall note any
change which might have occurred on the boundaries etc. By amending this
rule the rule making authority has excluded certain classes of land which is
defined as "Extended Abadi" from the operation of preparation of map and
c the field book. The Act does not authorise the rule making au~ority to
exclude any area from the purview of Section 16 of the land Revenue Act.
Thus the rule making authority acted beyond its power.

As noticed earlier while preparing' record-of-rights under Section 20 of _J.
the Land Revenue Act persons cultivating or others occupying-land as tenure
D or sub-tenure holder as determined under the Land Reforms Act have to be
. specified in the said register. This has to be done as record-of-rights would
be used for determining the rights and liabilities of tenure and sub-tenure
holder under the Land Reforms Act.

According to Section 4 of the Land Reforms Act, there is one class of
E tenure holder, that is to say, BHUMIDAR, and one class of sub-tenure holder,
that is to say, ASAMI, and their rights and liabilities are mentioned in Section
5 of the said Act.
\
Under Section 65A, a tenure holder or a sub-tenure holder may be
F evicted by the Deputy Commissioner if land is not used for two consecutive
years for a purpose connected with agriculture, horticulture etc. Section 81
of Land Reforms Act provides for ejectment of a Bhurnidar or Asaini for use
of a land in contravention of the provisions of the Land Reforms Act.
According to Section 41 of the land Revenue Act, all entries in the record
of rights prepared under the Act shall be presumed to be true unless the
G contrary is proved. As a result of the amendments made in Rule 49 and Rule
63, the rights of the temu:e holder or a sub-tenure holder occupying land in
"Extended Abadi" or six categories of lands mentioned in the new sub-rule
(5) of Rule 63 would be adversely affected as their possession of the land
in these areas would not be reflected in the record-of-rights and Annual
H. Register. This is contrary to the provisions of both the Acts.
DISTT. MAGISTRATE v. SIR! RAM [PHUKAN, J.] 1027

The other amendments made in Rules 65A, 67 and Form P.5 are liable A
to be quashed on the self same ground.

It is well recognised principle of interpretation of a statute that con-
ferment of rule making power by an Act does not enable the rule making
_ authority to make rule which travels beyond the scope of the enabling Act
or which is inconsistent therewith or repugnant thereto. From the above B
discussion, we have no hesitation to bold that by amending the Rules and
* Form P.5, the rule making authority have exceeded the power conferred on
it by the Land Reforms Act.

We, therefore, hold that the High Court has rightly quashed agd set
aside the impugned rules and, therefore, .the appeals have no merit.
c
In the result, the appeals are dismissed. Parties to bear their own costs.

K.K.T. Appeals dismissed.