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YASHWANT VARMA
Pushpanjali Residents? Welfare Asso And Another – Appellant
Versus
Deputy Commissioner – Respondent
JUDGMENT
Yashwant Varma, J. - Heard learned counsel for the petitioner. although respondents are duly represented, none has appeared when the matter was called.
2. The petitioners here which is a Residents Welfare association has instituted the present writ petition aggrieved by the order passed by the Collector dated 14 November 2012. By the aforesaid order, the Collector has proceeded to reject a representation which was made by the petitioners pursuant to the liberty accorded to them in terms of the order of 07 March 2012 passed by the Court in W.P.(C) 399/2011.
3. The grievance of the petitioners essentially lies in the continuance of proceedings under Section 81 of the Delhi Land Reforms act, 1954 [DLR act] in respect of land which undisputedly stood covered in a Notification under Section 507 of the Delhi Municipal Corporation act, 1957 [DMC act] promulgated on 24 October 1994. as per the details which are set forth in annexure P-5, the individual members were aggrieved by the initiation of action under Section 81 of the DLR act after the land in question came to be covered in the Notification issued under the DMC act.
4. Mr. Sarin, learned counsel appearing in support of this
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.
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....
The main legal point established in the judgment is that once land is covered under a zonal plan issued by the DDA, it ceases to be governed by the DLR Act, and any order passed under the DLR Act aft....
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 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....
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....
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 ....
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....
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