The urbanization of a village does not affect the validity of consolidation proceedings initiated under the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948.

( 1 ) THE petitioner an estate right holder, in Village Bamnolli, New Delhi, has sought the quashing of notification issued by respondent No. 2 under the provisions of East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, as applicable to Delhi (hereinafter referred to as "the Consolidation Act") and the consolidation of holding proceedings, which are in progress in Village Bamnolli; to restrain respondents I and 2 from continuing the proceedings and affecting the re-partition under Section 21 of the Act and to quash Rule 6 of the Delhi Holdings (Consolidation and Prevention of Fragmentation) Rules, 1959, as amended by the (Amendment) Rules, 1996 (hereinafter referred to as "the Rules" ).

( 2 ) ON 8. 9. 1993 with the purpose of better cultivation and with the object to consolidate the holdings in various revenue estates of Delhi including those of Village Bamnolli, a notification was issued under Section 14 (1) of the Consolidation Act by respondent No. 1. In order to carry out the purpose envisaged under the Act and to make a scheme for consolidation of holdings in Village Bamnolli, respondent No. I appointed respondent No. 2, as the Consolidation Officer, whose appoint- ment under Section 14 (2) of the Consolidation Act was notified on 25. 6. 1996. With a view to form the Advisory Committee for consolidation and to represent the interests of Bhumidars and residents of the village, the Consolidation Officer on 26. 6. 1996 issued a public notice. The Consolidation Advisory Committee was duly formed on 29. 7. 1996. Simultaneously, on 25. 6. 1996 public notice was issued by the Consolidation Officer inviting applications from the residents of the Village and the estate right holders for allotment of lands within Phirni (extended Abadi) or for factory plots. On 7. 4. 1997, draft scheme was duly prepared and published by the Consolidation Officer under Section 19 of the Act, which was duly confirmed by the Sub-Divisional Officer, Nazafgarh under Section 20 of the Act. Pursuant to the scheme, as duly confirmed, the Consolidation Officer took steps to carry out repartition. At that stage, this writ petition was preferred on 26. 5. 1997 for the aforementioned reliefs.

( 3 ) IT is alleged that at the time of issuance of notification under Section 14 of the Act, a decision was taken by respondent No. l that the villages in which consolidation of holding operations will be undertaken, the same shall not be urbanised till 2001. The Scheme of Consolidation under the Act was initiated in respect of those villages within the National Capital Territory of Delhi, which fall within the category of Rural Areas. On 24. 10. 1994 notification (Annexure-P. 9) was issued by the Municipal Corporation of Delhi with the previous approval of the Government under Clause A of Section 507 of the Delhi Municipal Corporation Act, 1957. On issuance of this notification Village Bamnolli ceased to be a Rural Area and became urbanised. The effect of this notification is that the holdings of the Bhumidars of the entire Village have ceased to be agricultural holding and the same are out of the purview of Delhi Land Reforms Act, 1954. Thus after declaration of the area of Village Bamnolli as urbanised, the sole purpose and object of consolidation has been rendered infructuous and stands frustraied.

( 4 ) IT is also alleged that a notice was published in Jansatta on 2. 5. 1997, according to which. Village Bamnolli falls in development area Nos. 171 and 172, declared as such under Section 12 of the Delhi Development Act for Dwarka project. The effect of such a notification would be that no person including Government department or agency would be in a position to carry out any development of land or raise any construction, except in accordance with the provisions of Delhi Development Authority, 1957. Thus the Consolidation proceedings now being carried out are in contravention of the notification issued by Delhi Development Ac