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YASHWANT VARMA
Utsav Exim Ltd – Appellant
Versus
Govt Of NCT Of Delhi – Respondent
JUDGMENT
Yashwant Varma, J. - Heard learned counsel for parties.
2. The challenge in the present writ petition is to an order of 09 March 2020, passed by the District Magistrate acting as the appellate authority under the Delhi Land Reforms Act, 1954 [the DLR Act]. The facts on which there appears to be no dispute reveals that based on the report of a Halka Patwari that the land in question was being used for non-agricultural purposes, proceedings under Section 81 of the Act came to be instituted. In terms of the provisions of Section 81, a conditional order of eviction came to be passed on 27 June 2008. Although the petitioner was afforded an opportunity to restore the land to its original state, the respondents found that the same had not been availed of. Accordingly, the order of eviction was confirmed on 08 November 2016, and the land directed to be vested in the Gaon Sabha.
3. The order of the Appellate Authority is assailed by learned counsel for the petitioner who principally contends that no reasons at all have been assigned by that authority while proceeding to dismiss the appeal. It was further submitted that although the attention of the appellate authority was duly drawn t
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.
The court established the principle that once land is covered in notifications under the DMC or the DDa acts, it is excluded from the application of the DLR, and the vesting of land in the Gaon Sabha....
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.
Proceedings under the Delhi Land Reforms Act after urbanization of the area were deemed illegal and non-est, leading to the setting aside of the vesting and conditional orders.
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....
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 central legal point established in the judgment is that once the property ceases to answer to the description of land as defined under the Delhi Land Reforms Act, proceedings under the Act cannot....
Once agricultural land becomes urbanized and used for non-agricultural purposes, it falls outside the purview of the Delhi Land Reforms Act, 1954, and revenue authorities lack jurisdiction to initiat....
Proceedings under the DLR Act after the urbanization of the area were deemed non-est and illegal, leading to the setting aside of the final order and quashing of the pending proceedings.
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