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VIKRAM NATH, SANDEEP MEHTA
Pawan Garg – Appellant
Versus
South Delhi Municipal Corporation – Respondent
JUDGMENT :
Mehta, J.
1. Heard.
2. Leave granted.
3. This appeal with special leave preferred by the appellants interdicts the final judgment and order dated 24th April, 2019 passed by the Division Bench of the High Court of Delhi1[Hereinafter, referred to as the “Division Bench”.] in Letters Patent Appeal No.369 of 2016, wherein the Division Bench reversed the judgment and order dated 3rd March, 2016 passed by the learned Single Judge of the High Court of Delhi2[Hereinafter, referred to as the “Learned Single Judge”.] in W.P. (C) No.5382 of 2014, and, inter alia, upheld the decision of the Layout Scrutiny Committee3[For short “LOSC”.] dated 19th May, 2014 and so also of the Standing Committee dated 17th July, 2014.
I. BRIEF FACTS
4. The dispute centers around a parcel of land admeasuring 1600 sq. yards4[Hereinafter, referred to as the “subject land/subject plot”.], situated in the erstwhile village Yusuf Sarai Jat, now falling within the territory of Green Park Extension Colony, New Delhi.5[Hereinafter, referred to as the “colony”.] The subject land forms part of a larger tract of land which was originally under the ownership and control of a coloniser, namely, Urban Improvement Compan
Possession rights established through prior court judgments prevail over unresolved title disputes, and municipal decisions regarding land development must adhere to judicially recognized ownership.
The local body cannot assert ownership of property reserved for public purposes without clear documentary evidence proving title transfer; mere designation in a layout does not confer ownership right....
Authority under the Act of 1976 exercises a quasi-judicial power which implies observing of the principles of natural justice and to conclude that the occupants are not entitled to occupy the plots. ....
Reservation of land under the MRTP Act lapses if the land is not acquired within ten years from the date of publication of the final Development Plan and no declaration under Section 19 of the Act of....
The acquiescence to surrender land for development rights without monetary compensation constitutes a valid acquisition under statutory provisions, upheld despite late challenges to possession.
The burden of proof lies with the party making a claim, and in this case, the Municipal Corporation failed to establish that the properties fell within the reserve open spaces as claimed.
The main legal point established in the judgment is that the entitlement to the relief of permanent injunction is dependent on the possession of the land reserved for a public park under the sanction....
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