Devinder Gupta, J.
(1) Since common question of law is involved in these six petitions filed under Article 226 of the Constitution of India, the same are being disposed of by a common judgment.
(2) The petitioners have questioned the legality and validity of notification dated 30th November, 1989, known as the Delhi Land Revenue Rules (1st Amendment) 1989, hereinafter referred to as "the Amended Rules" by virtue of which amendments have been carried out to the existing Rules 49,63,65 and 67 as also in Form-P of the Delhi Land Revenue Rules, 1962.
(3) The petitioners main grievance has been that throughout they are in actual possession of the land in question, in each case, as Bhumidars, yet in the relevant Revenue Records correct position as existing on the spot is not being reflected due to the impugned notification. The impugned amended Rules/purported to have been framed by the Rule making authority, by virtue of powers vested in him u/s 84 of the Delhi Land Revenue Act, 1954 (Act No. 12 of 1954). Hereinafter referred to as "the Land Revenue Act", are ultra virus of the provisions of the Act. It has the effect of nullifying most of the provisions of the Act. Since the impugned notification has vitally affected their valuable rights in the property the same deserves to be quashed.
(4) The background in which the controversy has arisen may be noticed. On the enactment of the Delhi Land Reforms Act, 1954 (Act No. 8 of 1954), hereinafter referred to as "the Land Reforms Act", on 20th July, 1954, concept of ownership in the land was done away in Delhi, since Section 4 thereof recognised only one class of tenure-holder, namely, Bhumidar and only one class of sub-tenure-holder, namely, ASAMI. Sub-Section (2) of Section 4 of the Land Reforms Act defines a Bhumidar to mean a person who holds land directly under and is liable to pay land revenue for that land to the State. The sub-tenure-holder has also been defined to mean a person holding land from a tenure-holder or Gaon Sabha and is liable to pay rent thereof to the tenure holder or to the Gaon Sabha. Persons falling in the two categories, as enumerated in Sub-clauses (a) and (b) of Section 5, on the commencement of the Act and the one falling the third category, as enumerated in Clause (c) thereof, after the commencement of the Act are considered to be as Bhumidars, having all rights and be subject to all liabilities conferred or imposed upon a Bhumidar by the Act. Land Reforms Act deals with numerous matters vis- a-vis the rights and liabilities of Bhumidars and Asamis. It is a complete Code in itself concerning their rights and liabilities. It also contains rules of succession of the rights of a Bhumidar or Asami. The Act also declares certain transactions made by or on behalf of a Bhumidar or an Asami to be void. Section 84 of the Act provides for ejectment of persons, occupying land without title. A person taking or retaining possession of land, otherwise in accordance with the provisions of law, where the land forms part of the holding of a Bhumidar or Asami/ without consent of such Bhumidar or Asami or where land does not form part of the holding of a Bhumidar or an Asami, without the consent of Gaon Sabha, is liable for ejectment on filing of a suit by a Bhumidar, Asami or Gaon Sabha. In the event of incurring liability for ejectment, such a person is also liable to pay damages. In case such a person re-enters, after being ejected, he is also liable for penal action. Section 85 of the Land Reforms Act has the effect of bestowing certain rights, automatically on such a person, who retains possession, without title, in case a suit is not brought within the prescribed period of limitation. Where land forms part of the holding of a Bhumidar, the person automatically acquires rights as a Bhumidar, and where the land forms part of the holding of an Asami 6n behalf of Gaon Sabha, such a person acquires right of an Asami.
(5) Section 67 of the Land Reforms Act categorises the eventuality under which the interest of a Bhumidar in his holding shall stand extinguished and similarly Sections 68 and 69 deal with situations where interest of an Asami shall stand extinguished. Chapter-IV of the Land Reforms Act deals with the Land Revenue and the persons, who are liable to pay the same. The manner in which it is to be recovered and consequences of failure to pay the Land Revenue.
(6) Reading of the various provisions of the Land Reforms Act makes it abundantly clear that, as regards the agriculture land, situated in Delhi, to which provisions of the Land Reforms Act are applicable, possession of land is of an utmost importance, which in its turn, not only confers valuable rights but also imposes numerous obligations.
(7) In order to decide disputes as regards the rights and liabilities, the authorities vested with powers under the Act have to base their decision on entries made and incorporated in the Revenue Record, which will be evident in case a reference is made to the Delhi Land Reforms Rules, 1954. Rule 31A provides for commencement of an action against a Bhumidar or an Asami in case the land included in his holding is not used for a purpose connected with agriculture, horticulture or animal husbandry etc. The Patwari concerned is enjoined with the duty, before 30th April, in each year, to submit a report to Tahsildar in respect of every Bhumidar or Asami, who has not used any land included in his holding for two consecutive years, immediately preceding the said date for a purpose connected with agriculture, horticulture or animal husbandry etc. The report of the Patwari is required to contain various particulars and in particular he is required to append to his report relevant extract from the Khasra Girdawari. It is on the basis of the report of the Patwari that an enquiry is to be held by the Tahsildar, who in his turn is required to submit a report to the Deputy Commissioner through the Revenue Assistant. The Deputy Commissioner on being satisfied that the land has not been used for the purpose, he is empowered to take action under Clauses (i) to (iii) of Sub-section (4) of Section 15A, as the case be and also to further lease tout the land.
(8) In the matter of collection of Land Revenue or fixation of liabilities to pay Land Revenue, possession plays an important role under the provisions of the Land Reforms Act and the Rules framed thereunder. Rights of the parties are to be decided on the basis of their actual possession for which reliance is required to be placed on the entries in revenue records. Reference now necessarily deserves to be made to another legislation, which deals with allied subjects including the making of entries in revenue records, namely, the Delhi Land Revenue Act, 1954 and the Rules framed thereunder.
(9) On enactment of the Delhi Land Revenue Act, 1954 (Act No.12 of 1959), hereinafter referred to as "The Land Revenue Act", the two other Legislations in force in various parts of Delhi, namely, the Punjab Land Revenue Act, 1887 and the U.P. Land Revenue Act, 1901 were repealed, both of which used to deal with the manner of maintenance, upkeep and revision of the Revenue Records.
(10) The functionaries under me Land Revenue Act, are conferred with various powers and vested with numerous duties. Amongst officials, the primary one being a Patwari, who is appointed u/s 13 of the Act with respect to each Unit known as Halka. Next in the line is Kanungo, who is appointed u/s 14 of the Act. As per Section 15 they are public servants and records maintained by them is a public record. For carrying out the purposes of the Act, their are various officers and duties assigned to them, namely, Naib Tahsildar, Tahsildar, Revenue Assistant, Assistant Collector/Additional Collector and Collector, Deputy Commissioner and Chief Commissioner. Overall control in judicial and non-judicial matters connected with the Land Revenue in Delhi is vested in the Chief Commissioner.
(11) Maintenance of maps and field books, as per Section 16, is the responsibility of the Deputy Commissioner, which he is supposed to discharge with the aid of other officers and officials. Section 20 of the Act says that there shall be a record of rights for each village subject to such exceptions as may be prescribed. It further says that records of rights shall consist of a register of all persons cultivating or otherwise occupying land and specifying therein the particulars required u/s 40 of the Act. Section 21 of the Act prescribes the maintenance of record of rights which is further required to be amended annually or at such interval as may be prescribed. Such a register is called Annual Register. In the Annual Register all changes that may take place and any transaction that may affect any of the rights or interests recorded therein are to be got incorporated by the Deputy Commissioner annually. The statutory duty of Deputy Commissioner is clearly spelled out in Sections 20 and 21 of the Act in getting the records prepared periodically and to have main updated which says:-
"20. Record of rights-(l) There shall be a record 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 cultivating or otherwise occupying and specifying the particulars required by Section 40. 21. The Annual Registered )The Deputy Commissioner shall maintain the record of rights, and for that purpose shall annually, or at such longer intervals as the Chief Commissioner may direct, cause to be prepared an amended register mentioned in Section 20; and the register so prepared shall be called the Annual Register. (2) The Deputy Commissioner shall cause to be recorded in the Annual Register all changes mat may take place and any transaction that may affect any of the rights or interests recorded, and shall therein correct any errors proved to have been made in the record of rights or in any Annual Register previously prepared. (3) No such change or transaction shall be recorded without me order of the Deputy Commissioner, Revenue Assistant or, as hereinafter provided, of the Tahsildar or any other Court as constituted under any law for the time being in force."
(11) While on one hand duty is enjoined on the Deputy Commissioner for maintenance of record of rights and to keep the same updated by getting prepared an Annual Register, a corresponding obligation by virtue of Section 22 of the act is also imposed on a Bhumidhar or an Asami to help the officials in doing so by making a report on every acquisition of right -or where there is a change of possession, which says:-
"22.Report a/succession or transfer of possession ). Every person obtaining possession on admission by the Gaon Sabha as Bhumidhar or Asami or by succession or by transfer other than a lease permitted under the Delhi Land Reforms Act, 1954, of any land in a village which is required to be recorded in the register specified in Section 20 shall report such admission, or transfer to the Tahsildar. (2) In the case of an admission by the Gaon Sabha as Bhumidhar or Asami or of a succession or transfer, other than a lease permitted under Delhi Land Reforms Act, 1954, the report shall be made immediately after it has taken place. (3) In the case of a lease permitted under the Delhi Land Reforms Act, 1954, the report shall be made by Lesser immediately after the lease has been delivered possession thereunder. (4) If the person so succeeding, or otherwise obtaining possession, or, in the case of a lease, the Lesser is a minor or otherwise disqualified, the guardian or other person who has charge of his property shall make the report required by this Section. (5) No revenue Court shall entertain a suit or application by the person so succeeding or otherwise obtaining possession or, in the case, of a leave by the Lesser until such person has made the report required by this Section. Explanation- The word ''transfer'' includes - (i) a family settlement by which the holding or part of the holding recorded in the record-of-rights in the name of one or more members of that family is declared to belonged to another or other member, or (ii) an exchange of holding u/s 40 of the Delhi Land Reforms Act, 1954.
(13) On receipt of a report made by any Bhumidhar or Asami or in the event of facts coming to the knowledge of a Revenue Officer, according to Section 23 of the Act, is supposed to make an entry in the relevant register and have the correction carried out by means of a mutation. Section 23 of the Act. It says :
"23.Procedure on report-The Tahsildar, on receiving such or upon the facts otherwise coming to his knowledge, shall make such inquiry as appears necessary and in undisputed cases, if the succession or transfer appears to have taken place, shall direct the Patwari of the Halka to record the succession or transfer is disputed or the Tahsildar finds that it is in contravention of the provisions of the Delhi Land Reforms Act, 1954, he shall refer the case to the Revenue Assistant, who shall decide it after such inquiry as may be pre- scribed and where necessary, direct the Annual Register to be amended accordingly."
(14) Section 26 of the Act confers powers on Deputy Commissioner on his own motion or on an application made by an aggrieved person to order correction of any mistake or error in the Annual Register. Section 27 requires all disputes regarding entries in the Annual Register, based on the question whether a particular piece of land is held and occupied for a public purpose or a work of public utility to be placed before the Deputy Commissioner, who may direct the party concerned to obtain a declaration as regards such rights from the Chief Commissioner. All other disputes, if raised, have to be decided on holding of an inquiry as regards the actual possession by the Tahsildar and if he is unable to decide as to which of the party is in actual possession, he is empowered to put in possession a person entitled to the land. Section 27 of the Act reads as under
"27.Settlement of disputes as to entries in Annual Register- (1) All disputes regarding entries in the Annual Register based on the question whether a particular area of land is held and occupied for a public purpose or a work of public utility shall be referred to the Deputy Commissioner, who shall direct the party concerned to obtain a declaration of the Chief Commissioner under Sub-section (4) of Section 1 of the Delhi Land Reforms act, 1954. (2) All other disputes regarding entries in the Annual Register shall be decided by the Tahsildar on the basis of possession. (3) If in the course of an inquiry into a dispute under Sub-section (2), the Tahsildar is unable to satisfy himself as to which party is in possession, he shall ascertain by summary inquiry who is the person best entitled to the land, and shall put such person in possession. (4) No order as to possession passed under this Section shall debar any person from establishing his right to the land in any civil or revenue Court having jurisdiction. Explanation- The term ''possession'' in this Section means possession based on admission, succession, transfer or lease referred in Section 22."
(15) In order to carry out the purposes of the Act as regards maintenance, upkeep and revision of the records of right. Section 84 of the Act confers powers to make rules and it says:
"84. Powers of the Chief Commissioner to make rules-(\\ )4The Chief Commissioner 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 provide for- (a) prescribing the duties of Tahsildars and Naib Tahsildars, and regulating their postings and transfers and their appointment in temporary vacancies ;(b) regulating the appointment and transfer of Patwaris and Kanungos, their salaries, qualifications, duties, removal, punishment, suspension and dismissal; (c) prescribing the form, contents, method of preparation, attestation and maintenance of the record-of-rights and other records, maps, field books, registers and lists made or kept u/s 20 of this Act and prescribing the kind of land, if any, in respect of which any such record need not be prepared; (d) regulating the imposition and realisation of lines u/s 25 of for failure to notify successions or transfers; (e) regulating the costs which may be recovered in or in respect of any judicial or non-judicial proceedings under this Act; (f) generally for the guidance of, and regulating the procedure to be followed by, an officer (or other person) who under any provision of this Act is required or empowered to take action in any judicial or non-judicial matter; (g) defining the classes of cases, matters, business, orders or proceedings which are to be deemed judicial or non-judicial, respectively.
(16) SUB-SECTION (c) of Section 84 says that rules may be framed, which may prescribe the form, contents, method of preparation, attestation and maintenance of records of right and other records, maps, field books etc. In other words, the power conferred under the Act is to prescribe the method and manner of maintenance of records for which purpose various forms may be prescribed. While exercising the delegated power in prescribing the method and manner what is required to be kept in view is that the same is done for the purpose of "carrying into effect the provisions of the Act", namely, to keep the record-of-rights or Annual Register up-to-date as per the factual position on the spot, since possession on the spot is of vita! importance.
(17) The Land Revenue Rules, which came into force on publication in the Official Gazette on 28th February, 1963, were framed by the rule making authority by virtue of the powers conferred u/s 84 of the Act. Rule 26 gives the details of the papers which are required to be maintained by a Patwari. With respect to each document/paper there are complete instructions contained in some of the rules that how and in what manner and at what time during the year the same are to be prepared. Primary amongst the papers being a map (Shajra), Khasra and Khatauni. In addition thereto, the Patwari is also required to maintain a list of Changes in Khasra, amendments to the Khatauni; list of corrections of clerical errors in the Khatauni etc.
(18) In the impugned notification, as noticed above, amendments have been carried out to Rules 49,63,65 and 67 and inform P. Rule 49, as it stood prior to the impugned notification reads:
"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 1st 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."
(19) A bare reading of the rule would show that a Patwari was required to make field to field inspection three times in a year, object of which was to maintain the map and field book. Rule 51 enjoins upon the Patwari a duty to compare the fields one by one with his map and on every inspection to note any changes which have occurred on the spot boundaries and other alterations. In the amended rules through the impugned notification a proviso has been added thereby exempting the extended Abadi from the operation of Rule 49, Rule 2 of the Amended Rules says:
"IN Rule 49 of the Delhi Land Revenue Rules, 1962 (hereinafter referred to as the ''Principal Rules) the following provision and Explanation below thereto shall be inserted. "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 & 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."
(20) The submission as regards this amendment is that it is beyond the rule making power and is ultra virus of the provisions of the Act. The rule making authority has without there being power excluded a part of the land defined as such under the Act from its operation. In case map is to be prepared, the same has to be with respect to the land as defined under the Act. This aspect of the case will have to be dealt while dealing with the amendment which had been carried out to Rule 63. Rule 63 as it originally stood reads:
"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 quadrennium 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 belief details of his lease. (2) If there is more than one tenure-holder of 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 Columns 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. (4) If a tenure-holder or sub-tenure holder recorded in column 4or 5,cases 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 abandon ment 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."
(21) The first amendment which was carried out to this Rule was in the year 1983. Sub-rule (3) was amended in the year 1983 and after amendment it reads:
"(3)If a person other than the one recorded in the column 4 and 5 of Form P.4 is found to be in actual cultivatory occupation of any field at the time of the portal his name and the corp shall shown in Form P.5. Provided that no entry in Form P.5 shall be made if - (a) the filed was not sown; or (b) the corp failed and the field was not re-sown in me same season. Explanation:- For removal of doubts it is hereby clarified that entries made in Form P.5 as aforesaid shall not be construed to be conferring any tile or right on recognition of the cultivatory possession or evidence for such possession."
(22) By virtue of the impugned notification Sub-rule (5) to Rule 63 has been added as follows:
"(5)Notwithstanding any thing 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 Government or local authority; (b) held and occupied for 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 u/s 6 of the Land Acquisition Act, 1894 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."
(23) The effect of the amendment by inserting Sub-rule (5) to Rule 63 is that henceforth Rule 63 shall not apply to the lands enumerated in Classes (a) to (f) of Sub-rule (5). .The classes of land enumerated are the land owned by the Central Government or Local Authority, held or occupied for public purpose, land situated in village Abadi or extended Abadi, the land notified for acquisition, land vested in Gaon Sabha or land declared as wakf property.
(24) In order to appreciate the import and ambit of Rule 63, reference be made to Rule 54. As noticed above, Khasra is one of the documents required to be maintained by the Patwari and Rule 54 says that it shall be prepared in Form P. Sub-rule
(2)of Rule 54 says that first five columns are to be written up by the Patwari before his first tour to the village. Columns 7 to 9 are to be filled up during the first tour; Columns 10 to 12 in the second tour and Columns 13 to 15 during the third tour. Entries in Column 6 are required to be made during each of the three visits as conditions may require. Rest of the columns are required to be filled up as early as possible after the third tour. Sub-rule (3) of Rule 54 says that the Patwari shall be responsible for the accuracy of all entries and shall satisfy himself about the facts by inquiry from the persons concerned. This Khasra prepared is required to be retained by the Patwari for one year where after the same is to be filed in the office of Kanungo on or before 31st July of the following year. Rule 56 says that entries shall be made in accordance with the actual facts and according to the instructions contained in the rules".
(25) Detailed instructions are contained in Rule 56. Rule 82 of the Rules requires the Patwari to make entries in accordance with the actual facts existing on the spot.
(26) Rule 63, as it originally stood, deals with instructions in detail for filling up of columns 4 and 5 from Khatauni in Form P4. Against Column 4 and Form P.4 name of tenure holder as classified in para-1 of the Khatauni is required to be recorded and against Column 5, name of tenure-holder, if any, as classified in para 2 of the Khatauni is required to be recorded. Sub-rule (3) of Rule 63 provided that if a person other than the one recorded in Columns 4 and 5 is found to be in actual occupation, his name is to be recorded in red ink in remarks column (column No, 21). By virtue of the amendments which were carried out in the year 1983, Sub-rule (3) of Rule 63, as it existed, was substituted which would mean that instead of the entry being made in the remarks column (column 21) of Form P.4, the fact of actual cultivating possession of a person other than the one where name is recorded, be now recorded in Form P.5.
(27) Form P. 5 as initially prescribed was for recording changes found to have occurred on each visit of the Patwari. It was having 7 columns and was required to be prepared in triplicate. After the amendments of 1983, column No. 8 was also prescribed in Form P.5 for recording the name of the person found to be in actual cultivatory occupation of any field at the time of the visit of the Patwari.
(28) Now the effect of the impugned amendment is that notwithstanding anything contained in any law for the time being in force. Rule 63 will not apply to six categories of lands classified in Columns (a) to (f) of Sub-rule (5). In other words, even if on the spot a person is found to be in actual cultivating possession of either of the six categories of land, his possession shall not be recorded by the Patwari in the Khatauni or that his name will not be shown in Column 8 of Form P.5.
(29) We may refer to some of the earlier litigation as regards challenge to the amendments carried out in the year 1983 in the Act. In Civil Writ No.971 /84, titled as Rajinder Singh v. Gaon Sabha Kadipur deeded on 27th September, 1984, a dispute had arisen amongst the petitioner therein and the Gaon Sabha as regards the actual cultivation. According to the petitioner therein he became Bhumidhar u/s 85 of the Land Reforms Act due to his being in adverse possession of the land. Possession of the petitioner was being recorded in Revenue Records but by virtue of the amendment carried out in the year 1983, recording an entry into the Khasra was objected. The challenge which was made to Rules 63 to 67 of the Rules in the writ petition was given up. The Court, however, after considering the provisions of the Act, directed authorities under the Delhi Land Revenue Act to perform their statutory duties by recording petitioner''s possession as per the position existing on the spot. Despite these directions, it appears that entry was neither made nor carried out in the Khasra in the name of the petitioner therein, which led to the filing of contempt petition (CCP. No. 172 /85) in Rajinder Singh v. Gaon Sabha Kadipur. During the contempt proceedings analysing the amendments which had been carried out to the Rules by virtue of Delhi Land Revenue (Second Amendment) Rules, 1983, the Court also took notice of the Amended Sub- rule (3) of Rule 63 by virtue of which possession of a person other than the one recorded in Column 4 or 5 of Khatauni in Form P.4, who was found to be in actual occupation at the time of Patwari''s visit had to be recorded in Form P.5. The contention of the petitioner therein was that making an entry in Form P.5 only and not making any corresponding entry in Form P.4 would have the effect of not recording his name in Khasra, which was the actual direction issued by the Court. Referring to Rules 66 and 67, me Court held that all entries made in form P.5 are really steps for incorporating the changes from Form P.5 to Form P.4 and if there is a person other than the tenure-holder or sub-tenure-holder, found to be in actual possession, on verification, his name is also to be entered in Khasra Girdwari under the remarks column. In view of the aforementioned observations, the Court disposed of the Contempt Petition directing that entries should be made in Khasra Girdwari in remarks column. The observations of the bench made in its judgment dated 10th January, 1986 in C.C.P.172/85, Rajinder Singh v. Gaon Sabha Kadipur and Others are: p73
"IF we analyze the rules as they are, the meaning becomes more dear. All these rules are to "be found in Chapter Iv, which is concerned with the Khasra Girdwari and the map. Rule 56 onwards deal with the entries to be made in the Khasra girdwari. Various rules appearing thereafter are concerned with the method by which the columns in the Khasra Girdwari have to be filled in. Rule 66 is concerned with changes to be made in the Khasra Girdwari. As noted earlier. Rule 63 deals with the names of the tenure-holders and sub-tenure-holders. These have to be made in Columns 4 and 5 of Form P.4. The recording of possession of others is to be made in red ink under the original Rule 63. But now the entry is not made directly in Form P.4, but first made in Form P.5. Now turning to Rule 66, it shows how the changes are to be made in the entries and Rule 67 shows how Form P.5 is to be utilised. After Form P.5 is prepared under Rule 66, it is to be utilised in the manner set out in Rule 67. It is hardly necessary to verify all the changes if they are not been entered in the Khasra Girdwari. It appears to us that the purpose of verification set out in the new Rule 67 is only to bring about the necessary changes in the original Khasra Girdwari. There is no other procedure for changing the Khasra Girdwari except by the verification method set out by Rule 67. Naturally, all changes which have to be made, have certainly to be incorporated in the Khasra Girdwari."
(30) A brief reference is to be made to Rules 66 and 67. Rule 66 requires the nature of entries to be made in Form P.5, namely, about the changes noticed by the Patwari on each visit. This is to be done by filling up Form P.5, which ultimately is required to be utilised as per me provisions of Rule 67. One copy of the list of changes is required to be sent to the Girdawar Kanungo and another to the Pradhan of the Gaon Panchayat and the third to be attached to the Khasra concerned. An extract to be prepared out of the list is also required to be handed over to the person concerned, namely, persons mentioned in Column 3 or Column 4 or their heirs. A duty is enjoined upon the Girdawar Kanungo on his visit to the village to verify the correctness of the list submitted by the Patwari and the same is verified by Girdawar Kanungo. The person affected by the changes so carried out, if found aggrieved, is given a right to apply for correction of the papers to the Tahsildar or to the Revenue Assistant. As per Rule 68, a report has to be submitted by the Patwari after me Girdawar Kanungo has verified about the correctness of the changes in the Tahsil Office.
(31) In addition to the recording of the possession of the person other than the person mentioned in Column 4 and 5 of cultivated land. Rule 69 provides for recording of possession of the vacant or uncultivated land also in the list in Form P.5.
(32) The narration of the aforementioned various provisions of the Act and the Rules is sufficient to come to a conclusion that the actual possession on the spot is the basis of the rights and liabilities under the Act which is of utmost importance and the provisions of the Act do enjoin upon the authorities under the Act a duty to maintain me record of rights as per the actual position existing on the spot. There is no reason why with respect to certain categories of land, the same procedure be not followed. By carrying out amendments to the rules, on the one hand only one category of land has been excluded altogether, namely, extended Abadi by inserting a Proviso to Rule 49 and on the other hand this category of land Along with five other categories have been excluded from the operation of Rule 63. Rule making power has been conferred upon Rule making authority u/s 84 with a view to carry out the purposes of the Act. The purpose of the Act is to be carried out only in case record is maintained properly as per the existing position. All entries made in the Annual Register by virtue of Section 30 of the Act are presumed to be true unless contrary is proved. In other words, there is a statutory presumption of correctness as regards the Annual Register, which presumption is rebuttable. As such, it is all the more important that entries must be made as per the position existing on the spot. In case a person is in actual possession of any piece of land, irrespective of the fact whether land falls in either of the categories, there is no reason why his possession be not recorded in the records, maintained under the Act. Land has not been defined under the Delhi Land Revenue Act. Sub-Section (10) of Section 3 thereof says that "words and expressions agricultural year, Asami, Bhumidar, Cess, Charitable purpose, estate, Gaon Sabha, holding, land, rent, etc. used in Delhi Land Revenue Act shall have the same meaning as assigned to them in Delhi Land Reforms Act, 1954.
(33) The word "land" has been defined in Clause (13) of Section 3 of the Delhi Land Reforms Act, which reads: .
"LAND" except in Sections 23 and 24, means land held or occupied for purposes connected with agriculture, horticulture or animal husbandry including apiculture and poultry farming and includes- (a) buildings appurtenant thereto, (b) village abadis, (c) grovelands, (d) lands for village pasture or land covered by water and used for growing singharas and other produce or land in the bid of a river and used for casual or occasional cultivation. But does not include land occupied by buildings in belts of areas adjacent to Delhi town and New Delhi town, which the Chief Commissioner may by a notification in the Official Gazette declare as an acquisition thereto." 34. Extended abadi is covered by the definition of the land. This definition of land does not exempt the classes of the land now incorporated in Sub-rule (5) of the Amended Rule 63 by virtue of the impugned amendments. In case there is no provision in the Act excluding the six categories of land from the operation of the Act, by merely issuing a notification giving it to be a colour of amendments in the rules under the rule making power of Section 85, which nowhere authorises the rule making authority to exempt any of the land from the operation of the Act, the amendments aforementioned deserves to be held to be bad in law and beyond the authority of the rule making power. F.or the self same reason, the amendment of Form P.5 also cannot be sustained and has to be quashed and set aside, which we accordingly do by allowing these petitions. We direct the respondents to maintain the record of rights, including the Annual Register, in accordance with the provisions of the Delhi Land Revenue Act and the Delhi Land Revenue Rules, 1962, without taking into consideration the amendments carried out to Rules 49,63 and Form P.5 by virtue of the Delhi Land Revenue (Sixth Amendment) Rules, 1989, as notified on 30th November, 1989.
The writ petition stands disposed of in the above terms.
