High Court Of Delhi
RAJINDER KAKKAR - Appellant
Versus
DELHI DEVELOPMENT AUTHORITY - Respondent
C.M. 6135 of 1993
Decided On : 11/03/1993
( 1 ) SIX persons claiming to be owners of different plots of land in Village Kishan Garh in the revenue estate of Mehrauli, New Delhi have filed the present writ petition challenging the action of the respondents, which has been taken and/or being proposed ; to be taken, for demolishing structures which have been erected by the petitioners on the said plots. The petitioners also challenge the validity of the entries in the revenue records viz. , Khasra Girdawri in respect of the lands which they profess to own.
( 2 ) THE first two petitioners claim to have purchased land measuring 570 Sq. Yards from one Smt. Kusum Lata. It is averred in the writ petition that this land was purchased on the basis of an agreement to. sell executed by her in the name of both the petitioners jointly. Copy of the agreement to sell has not been placed on the record but the claim of the said petitioners is that they have been in occupation of the property in question since 13th June, 1986.
( 3 ) PETITIONER No. 3 is stated to have purchased 10 Sq. Yds of land by virtue of an agreement to sell executed by one Shri Gyanendra Sharma on 20th November, 1989. Copy of the said agreement has been placed on record.
( 4 ) PETITIONER No. 4 is stated to have purchased 100 Sq. Yds of land from one Shri Rambir by virtue of an agreement to sell dated 27th May, 1991.
( 5 ) PETITIONER No. 5 is also stated to have purchased 100 Sq. Yds of land but no document evidencing this has been placed on record.
( 6 ) PETITIONER No. 6 claims ownership of 580 Sq. Yds of land by virtue of a General Power of Attorney executed in his favour on 8thfebruary, 1991 by one Smt. Naraini Devi, who, in turn, is alleged to have purchased 629 Sq. Yds of land in Village Kishan Garh in the revenue estate of Mehrauli from one Sardar Singh by virtue of an agreement to sell dated 25th June, 1985.
( 7 ) IT is an admitted fact that none of the petitioners has a registered sale deed in his/ her favour. It is also not in dispute that to the land in question provisions of the Delhi Land (Restriction of Transfer) Act, 1972 apply which require the obtaining of a No Objection Certificate prior to the execution of sale deed in respect of such land. No such permission was obtained by any of the petitioners obviously because no sale deed has been executed in favour of any one.
( 8 ) THE case of the petitioners is that during the pendency of the writ petition their properties have been partly demolished and this could not have been done without complying with the provisions of Section 30 of the Delhi Development Act, which requires a show cause notice being given before action for demolition is taken. The grievance of the petitioners also is that the land of the petitioners falls in Khasra No. 1244 of Village Kishan Garh in the revenue estate of Mehrauli and in the Khasra Girdawri for the period 14-10- 1991 to 14-3-1992 and w. e. f. 25-9-1992 to 15-3-1993 the land has been shown to be unoccupied whereas infact this land is under the occupation of the petitioners.
( 9 ) BEFORE dealing with the rival contentions it is necessary to refer to some more facts relating to the land in question.
( 10 ) THE Delhi Municipal Corporation Act was enacted in 1957 and on 3rd June, 1966 by issuance of a Notification under Section 507 (A) of the Delhi Municipal Corporation Act a number of localities mentioned in the Notification, which were formerly part of rural areas, ceased to be regarded as rural areas. In other words a number of villages mentioned in the said Notification were urbanised. One such village was Kishan Garh in the revenue estate of Mehrauli. Relevant at this stage are the provisions of Section 150 of the Delhi Land Reforms Act. Sub-section (3) of Section 150 provides that if the whole of the Gaon Sabha area ceases to be a rural area by virtue of a Notification issued under Sectin 507 of the Act then, the Gaon Sabha constituted for that area shall stand dissolved and on such dissolution a
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