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YASHWANT VARMA
Sushma Kapoor – Appellant
Versus
Government Of Nct Of Delhi – Respondent
JUDGMENT
Yashwant Varma, J. - Heard learned counsel for parties.
2. The petitioner is aggrieved by the initiation of proceedings by the respondents in purported exercise of powers conferred by Section 81 of the Delhi Land Reforms Act, 1954 [Act]. It appears from the record that the Halqua Patwari submitted a report on 16 April 2019 asserting that agricultural land comprised in Khasra No.601/2 Min situated in the revenue estate of Village Gadaipur, New Delhi was being used for non-agricultural purposes. The allegation essentially was that certain unauthorized constructions were being raised upon agricultural land. On receipt of that report, the Sub-Divisional Magistrate by an order of 23 April 2019 issued a "Restrainment Order" against the petitioner and directed parties to desist from carrying on further construction on the land in question. On 29 April 2019 a direction was issued for the making of a conditional order. The Revenue Assistant by a communication of 17 May 2019 passed what is described to be a "Conditional Decree" holding that he was satisfied that the land was being put to non-agricultural use and therefore called upon the petitioner to take steps that the same is conve
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....
Once an area has been declared as a Low Density Residential Area (LDRA), it ceases to be a rural area and becomes part of the urban area, leading to the cessation of the applicability of the DLR Act ....
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.
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....
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 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.
The legal significance of proceedings under the DLR Act after urbanisation of the area in question is that they lose their legal significance, as held by the Supreme Court in the case of Mohinder Sin....
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....
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