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AJAY RASTOGI, C. T. RAVIKUMAR, BELA M. TRIVEDI
Mohinder Singh(Dead) Through Lrs – Appellant
Versus
Narain Singh – Respondent
JUDGMENT :
Rastogi, J.
1. The instant appeal is directed against the judgment and order dated 22nd November, 2012 passed by the Division Bench of the High Court of Delhi holding that once the rural area is urbanized by issuance of a notification under Section 507(a) of the Delhi Municipal Corporation Act, 1957(hereinafter being referred to as the “Act 1957”), it ceases to be governed by the provisions of the Delhi Land Reforms Act, 1954(hereinafter being referred to as the “Act 1954”) in sequel thereto and held that the proceedings under Act, 1954 were non est leaving the parties to agitate their claims/disputes before appropriate fora clarifying that all pleas in law shall remain available to the parties before the appropriate forum.
2. The facts in seriatim as manifest from the record are that one Maman Singh who was a recorded Bhumidhar of the land admeasuring 4 Bighas 18 Biswas in Khasra No. 6/19/2 M in village Samepur, Delhi as alleged, sold the land to one Bhai Ram vide registered sale deed dated 9th March, 1970. The respondents Narain Singh and Som Dutt have purchased 2 Bighas 18 Biswas and 2 Bighas respectively from Shri Maman Singh by a registered sale deed dated 4th May, 198
Urbanisation of rural area – Once a notification has been published in exercise of power under Section 507(a) of Delhi Municipal Corporation Act, 1957, provisions of Delhi Land Reforms Act, 1954 ceas....
The legal principle established is that the issuance of urbanization notifications does not extinguish the right to institute or continue appeals against final orders under the Land Reforms Act.
Once an area has been declared as a Low Density Residential Area (LDRA), it ceases to be a rural area and becomes part of the urban area, leading to the cessation of the applicability of the DLR Act ....
Once a notification is published under the Delhi Development Act, 1957, the provisions of the DLR Act cease to apply, and any proceedings under the DLR Act after urbanization are without jurisdiction....
The order of vesting made under Section 81 and 82 of Act divests and deprives owner or occupier of all rights existing in the land. Vesting results in Gaon Sabha acquiring absolute title and rights o....
The authority to declare rural areas as urban areas vests in the Municipal Corporation, and the decision-making power lies with the Corporation, which exercised such power with the previous approval ....
The legal significance of proceedings under the DLR Act after urbanisation of the area in question is that they lose their legal significance, as held by the Supreme Court in the case of Mohinder Sin....
(1) Any State enactment relating to Agricultural land tenures is a special law.(2) All amendments are deemed to apply prospectively unless expressly specified to apply retrospectively or intended to ....
The main legal point established in the judgment is that once a particular area has been recognized as urbanized, proceedings under the DLR Act cannot be initiated or continued.
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