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Section 73 – The Delhi Land Revenue Act, 1954

The Delhi Land Revenue Act, 1954

 

 

73. Power of Chief Commissioner to review and alter his orders and decrees –

 

(1) The Chief Commissioner may ‘review’, and any rescind, alter or confirm any order made by himself in the course of business connect with settlement or otherwise.

 

(2) No decree or order passed judicially by him shall be so reviewed except on the application of a party to the case made within a period of 90 days from the passing of the decree or order, or after such period if the applicant satisfies the Chief Commissioner that he had sufficient cause for not making the application within such period.

 

COMMENTS

 

The DELHI LAND REVENUE ACT, 1954 makes provisions for appeal against an order within Sections 64 to 70. An order is of two types (1) Judicial and (2) Non-judicial. An appeal is provided against a judicial order only. But who decides and by what rules an order may be distinguished from it being judicial or non-judicial the legislation is conspicuously silent.

 

Appeals are bifurcated into two stages, the first stage of appeal relates to a set of officials namely, (1) The Settlement Officer or Record Officer and (2) Deputy Commissioner or Additional Collector. The second stage of appeal is relative to the Chief Commissioner only. The meaning of this exposition is that first order or original orders are those made by (1) Assistant Settlement Officer or Assistant Record Officer, from this official the appeal lies to Settlement Officer or Record Officer. But if the first order or original order is form (1) Revenue Assistant (2) Assistant Collector or (3) Tahsildar, the appeal shall lie to Deputy Commissioner or to Additional Collector, This exhausts the first stage of appeal.

 

This second stage of appeal comprises the appeal of the Chief Commissioner from (1) Deputy Commissioner (2) Additional Collector (3) Settlement Officer or (4) Record Officer, as mentioned in Section 64(1) (c). The grounds for an appeal to Chief Commissioner are regulated by the provisions of Section 66. The grounds are:

 

(1) That the decision is contrary to law or usage having the force of law.

 

(2) The decision leaves some material issue of law or usage to be determined.

 

(3) A substantila error or defect in the procedure as laid down in the Act which may possibly have produced error or defect in the decision of the case upon the merits.

 

The fate of an appeal may take two forms either it may be admitted or it may be “SUMMARILY REJECTED.” If rejected the squeal is obvious but if it is admitted the following consequences may happen, namely,

 

(1) The execution of the order of the Lawer Court may be stayed (Section 70).

 

(2) It may reverse, vary or conform the order appealed against (Section 69 (2) (a)].

 

(3) Direct such further investigation to be made or such additional evidence to be taken, as it may think necessary (Section 69 (2) (b)).

 

(4) Itself take such additional evidence (Section 69 (2) (c)).

 

(5) Remand the case for disposal with such direction as it thinks fit (Section 69 (2) (d)).

 

The right of appeal is delimited by the period of Limitation. The period of limitation for the first stage of appeal is 30 days, as per Section 67(1) of the Act, and the limitation period for the second stage appeal is 60 days, as per Section 67 (2) of the Act. By Section 68 of the Delhi Land Revenue Act, 1954 Section 5 of the Limitation Act, 1908 stands barred.

 

The claim to appeal lies from every original order, except where the order is expressly made final by the provision of the Act per-se (Vide Section 65).

 

The Law in relation to reference is contained within Section 71 of the Act and in relation to revision in Section 72 and 73 of the Delhi Land Revenue Act, 1954.

 

 

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The Delhi Land Revenue Act, 1954

 

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