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2021 Supreme(Del) 860

YASHWANT VARMA
Sushma Kapoor – Appellant
Versus
Government Of Nct Of Delhi – Respondent


Advocates appeared:
Mr. Rajesh Yadav, Sr. Advocate, with Ms. Ruchira Arora, Mr. Dhananjay Mehlawat, Advocate, for the Appellant; Ms. Shobhana Takiar, for the Respondent.

JUDGMENT

Yashwant Varma, J. (Oral). - 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[1]. It appears from the record that the Hal qua 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

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