The judgment establishes that there is no express or implied prohibition for a land holder to construct a boundary wall around agricultural land governed by the Delhi Land Reforms Act, 1954, with the limitation that the height of the boundary wall should not exceed 5 feet.

VALMIKI J. MEHTA, J.

1. This Original Reference under Section 113 of the Code of Civil Procedure, 1908 (CPC) is sent by the Deputy Commissioner/Collector (South West) whereby opinion of this Court has been sought as to whether construction of a boundary wall around agricultural land which is governed by the Delhi Land Reforms Act,1954 (hereinafter referred to as “DLR Act”) and Delhi Land Reforms Rules, 1954 (hereinafter referred to as “DLR Rules”) is or is not a prohibited activity under the provision of Section 81 of the Delhi Land Reforms Act or in other words whether the agricultural and relative activities which are specified in Section 81 do not include the work of construction of a boundary wall around agricultural land.

2. In order to appreciate and decide the issue, this Court will have to examine the relevant provisions of the Delhi Land Reforms Act, Delhi Land Reforms Rules, Delhi Land Revenue Act, 1954 and Delhi Land Revenue Rules, 1962. Let us therefore reproduce the relevant applicable provisions of the aforesaid Acts and Rules:-

“Delhi Land Reforms Act, 1954

Section 3(12) “improvement” means with reference to a holding-

(i) a dwelling house erected on the holding by the tenure-holder for his own occupation or any other constructions erected or set up by him on the holding for purpose connected with agriculture, horticulture or animal husbandry which includes pisciculture and poultry farming;

(ii) any work which adds materially to the value of the holding and is consistent with the purposes aforesaid, which if not executed on the holding, is either executed directly for its benefit or is, after execution, made directly beneficial to it; and subject to the foregoing provisions of this clause, includes-

(a) the construction of wells, water channels and other works for the supply or distribution of water for the purposes aforesaid;

(b) the construction of works for the drainage of land or for the protection of land from floods or from erosion or other damage by water;

(c) the reclaiming, clearing, enclosing, leveling or terracing of land;

(d) the erection in the immediate vicinity of the holding otherwise than on the village site, of buildings required for the convenient or profitable use or occupation of the holding;

(e) the construction of tanks or other works for the storage of water for purposes aforesaid;

(f) the planting of trees and groves on the holding;

(g) the renewal or reconstruction of any of the foregoing works or such alternations therein or additions thereto, as are not of the nature of mere repairs:

Provided that such water channels, embankments, enclosures, temporary wells, or other works as are made by a tenure-holder in the ordinary course of his requirements for purposes aforesaid, shall not be deemed to be improvement:

[(12A) “khudkhast” means land (other than sir) cultivated by a proprietor either by himself or by servants or by hired labour,-

(a) at the commencement of this Act, or

(b) at any time during the period of five years immediately before the commencement of this Act, whether or not it was so cultivated at such commencement, provided that it has not, at any time after having been so cultivated, been let out to a tenant];

Section 3(13) “land” except in Sections 23 and 24, means land held or occupied for purposes connected with agriculture, horticulture or animal husbandry including pisciculture and poultry farming and includes-

(a) buildings appurtenant thereto,

(b) village abadis,

(c) grovelands,

(d) lands for village pasture or land covered by water and used for growing singharas and other produce or land in the bed of a river and used for casual or occasional cultivation,

but does not include-land occupied by buildings in belts of areas adjacent to Delhi town, which the Chief Commissioner may be a notification in the Official Gazette declare as an acquisition thereto;

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Section 22. Right of Bhumidhar or Asami to the exclusive possession of land in his holding-A Bhumidhar or Asami sha