Amendment status not verified — confirm the current text below against the official source.
The Annual Register—(1) 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, causes 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 COMMENTS Determination of entries in record of rights—Insofar as the Delhi Land [S.21 The Delhi Land Revenue Act, 1954 288 by Section 40. Shakuntaid Devi v. FCI, 2009 (161) DLT 300. 26.Correction of mistake or error in Annual Register—The Deputy Commissioner may, on his own motion and, shall, on the application of any person, correct any mistake or error in the Annual Register. COMMENTS Not barred by limitation—The proceeding for correction in annual register do hot attract Limitation Act. Application for correction of errors cannot be barred by limitation. Shakuntala Devi v. FCI, 2009 (161) DLT 300. 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 affected party. Without going touching upon the merits of this case and commenting upon the status of the applicant- Kishan Pal, I find that initiation of the proceedings by the c^ncerned SDM to correct the revenue record is contrary to Section 26 of The Delhi Land Revenue Act, 1954. On this short ground alone, impugned order (Annexure P-8) deserves to be set aside. Mohit Thvari v. Govt. of NCT of Delhi, (2012) 129 DRJ 317. 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 purposes 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 Tehsildar on the basis of possession. (3)If in the course of an inquiry into a dispute under sub-section (2), 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 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 to in Section 22. COMMENTS 'Procedure under the provision—Law has specifically barred filing of civil suits in respect of agricultural land and has provided an elaborate procedure 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 . 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. Section "27(3) provides that in the course of an enquiry into a dispute regarding possession if Tehsildar is unable to satisfy himself as to which party is The Delhi Land Revenue Act, 1954 S. 27] P.N. Mehra v. Union of India and others, (2013) 2 AD (Del.) 205 : (2013) 134 DRJ 387 23.Procedure on report—The Tehsildar, on receiving such report or upon the facts otherwise coming to his knowledge, shall make such inqiftry as appears necessary and in undisputed cases, if the succession or transfer app'ears'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 the Tehsildar 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 prescribed and where necessary, direct the Annual Register to be amended accordingly. COMMENTS , Scheme of provisions—The provisions of Section 23 of the Delhi Land Revenue Act fall in line with the overall scheme of the two pieces of legislation. It is clear indication of the legislative intent that whenever a question relating to violation of Section 33 of Delhi Land Reforms Act arises for consideration, the 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 powers under the Land Revenue Act cannot assume to himself tHe jurisdiction which must be referred for determination of the authority competent to do so. Mayank Vashishth v. Financial Commissioner, 2004 (114) DLT162. Mutation Without Notice to Joint Bhumidars—Absence of a notice to the respondents and the consequent failure of a rival contention before the Naib Tehsildar could not possibly confer jurisdiction upon the Naib Tehsildar for it goes without saying that if a notice had been issued, the rival claim would have 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, therefore, the order of mutation passed by Naib Tehsildar is unsustainable and could, justifiably be set aside by the appellate authorities..Mayank Vashishth v. Financial Commission, 2004 (114) DLT 162.'H^-.^ 24.Powers to prescribe fees for. mutation—(1) The Chief Commissioner may prescribe proper fees for mutations in the register: :•• Provided that no fee for a single mutation shall exceed rupees five. (2) Such fees shall be levied from the person in whose favour the mutation is made.•• 25.Fine for neglect to report—Any person neglecting to make the 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 other transfer, or from the date of succession, shall be liable to a fine not exceeding five times the amount of the fee which would otherwise have been payable under Section 24, or, when no fee is payable, not exceeding such amount as the Chief Commissioner may prescribe. COMMENTS Imposition and recovery of- fine—Revenue authorities can impose a mutation fine and recover the same after the application for mutation is allowed. [S. 23 The Delhi laud Revenue Act, 1954 290 S. 37]TJie Delhi Land Revenue Act, 1954293 presumed^o be true. 31.Obligation to furnish information necessary for the preparation of records—Any person, whose rights, interests or liabilities are required by any enactment for the time being in force or by any rule made under any such enactment to be entered in any official register by a Kanungo or Patwari, shall be bound to furnish, on the requisition of die Kanungo or Patwari or of any Revenue Officer engaged in compiling the register, all information necessary for the correct compilation thereof. 32.Inspection of records—All maps, field-books, lists and registers kept under this Act shall be open to public inspection at such hours and on such conditions as to fees or otherwise as the Chief Commissioner may prescribe. CHAPTER IV REVISION OF MAPS AND RECORDS 33.Notification of record operations and its effect—If the Chief Commissioner considers that, in the whole or part of the ^Uruon territory], general or partial revision of the records or a re-survey, or both, should be 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, or both, as the case may be from thedate of the notification until the issue of another notification declaring the operation to be closed therein. 34/''Recdrd': Off icefs—-The ' Chief Commissioner may appoint an officer, hereinafter called the'Record Officer, to be in charge of the record operations or, the survey, or both, as the Case may be, in any area and as many Assistant Record Officers as to him may seem fit, and such officers shall exercise all the powers conferred on them by this Act so long as such area is under record or survey operations, as the case may be.