Gair mumkin pahar land vests in Gaon Sabha and is not treated as cultivable land under Delhi land reforms law.

Land recorded as gair mumkin pahar is uncultivable waste land and does not fall within the explanation to Section 7 of the Delhi Land Reforms Act, 1954 merely on a claimed contrary view in earlier proceedings. Only land within the proprietor's holding, including sir or khudkasht, could escape vesting; waste land not so held vested in the Gaon Sabha under Section 154. A prior dismissal of special leave petitions without a speaking order did not finally determine the nature of the land or prevent reconsideration on merits. The land therefore vested in the Gaon Sabha, and no ownership-based compensation was payable.

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Issues: Whether gair mumkin pahar land is cultivable land within the explanation to Section 7 of the Delhi Land Reforms Act, 1954 so as to remain outside vesting in the Gaon Sabha, and whether the respondents were entitled to compensation as owners.

Analysis: The statutory scheme of the Delhi Land Reforms Act, 1954 shows that only land falling within the proprietor's holding, including sir or khudkasht, could escape vesting, while waste lands and other lands not so held vested in the Gaon Sabha under Section 154. Land recorded as gair mumkin pahar was treated as uncultivable waste land and, on the definitions of land, holding, khudkasht and bhumidhar, could not be treated as land cultivated by the proprietor. The explanation to Section 7 did not extend protection to such land merely because a contrary view had been taken in earlier proceedings, since no concluded finding had finally determined the nature of the land. The earlier dismissal of special leave petitions without a speaking order did not bar reconsideration on merits.

Conclusion: Gair mumkin pahar land was not cultivable land within the explanation to Section 7, did vest in the Gaon Sabha, and the respondents were not entitled to compensation as owners.

Ratio Decidendi: Land recorded as gair mumkin pahar, not forming part of a proprietor's holding as sir or khudkasht, vests in the Gaon Sabha under the Delhi Land Reforms Act, 1954 and does not acquire the character of cultivable land merely because it is claimed to be waste land.

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