IN THE HIGH COURT OF DELHI AT NEW DELHI
MINI PUSHKARNA, J.
Pooran And Ors. – Appellant
Versus
Sub-Divisional Magistrate/Revenue Assistant, South West District And Ors. - Respondents
W.P.(C) 3038 of 2023
Decided on : 14-03-2023
DELAY - Delhi Land Reforms Act - The court directed respondent no. 1 to expedite the hearing of the case filed under Section 85 of the DLR Act in a time-bound manner.
Fact of the Case:
The petitioners were aggrieved by the delay in the decision of proceedings under Section 85 of the Delhi Land Reforms Act for declaration of bhumidari rights, filed in 1989.
Finding of the Court:
The court directed respondent no. 1 to expedite the hearing of the case and decide it expeditiously, preferably within one year from the date of the judgment.
Issues: Delay in decision of proceedings under Section 85 of the Delhi Land Reforms Act, infringement of legal rights of the petitioners, and the need for a time-bound resolution.
Ratio Decidendi: The court found that the delay in deciding the proceedings infringed the legal rights of the petitioners and directed respondent no. 1 to expedite the hearing and decide the case within a year.
Final Decision: The court disposed of the writ petition with directions for respondent no. 1 to expedite the hearing and decide the case within a year.
JUDGMENT :
MINI PUSHKARNA, J.
1. In the present matter, the petitioners are aggrieved by the fact that the proceedings under Section 85 of the Delhi Land Reforms Act (DLR Act), 1954 for declaration of bhumidari rights were filed in the year 1989, but till date, the same has not been decided by the respondent no. 1. Thus, it is submitted that the legal rights of the petitioners are being infringed by the delay in decision of the proceedings by the respondent no. 1.
2. It is the case of the petitioners that father of the petitioner No.1- 4 and grandfather of petitioner no. 5 and 6 had filed a petition before respondent no. 1 under Section 85 of the DLR Act for declaration of Bhumidari Rights in respect of land situated in Khasra No. 24/15/3 admeasuring 2 bighas and 14 biswas, situated in the revenue estate of Village Asaltpur Khawad, New Delhi. Subsequently, the respondent nos. 2 to 4 were proceeded ex-parte.
3. It is submitted that father of the petitioner nos.1-4 and grandfather of petitioner nos. 5 and 6 led the evidence in the year 1999 itself and the matter was fixed for arguments in the year 1999. However, the suit was not decided by the respondent no. 1.
4. Subsequently, fresh notices were issued to respondent nos. 2 to 4 pursuant to which their counsel appeared on 28.02.2001. However, respondent nos. 2 to 4 again stopped appearing in the Court and they were proceeded ex-parte on 27.12.2002.
5. It is submitted that father of the petitioner no. 1-4 and grandfather of petitioner no. 5 and 6, namely Sh. Khacheru expired on 15.09.2002. Thus, the respondents moved an application seeking setting aside the ex-parte order dated 29.04.1998 along with an application for condonation of delay in December, 2006.
6. It is submitted that the proceedings have been adjourned from the year 2007 till 2022 on the ground that respondent no.1 is busy in Administrative work and meetings.
7. It is submitted that proceedings were again adjourned on 25.12.2022 on the ground that respondent no. 1 was busy in Administrative work/meetings. The matter was again listed on 22.02.2023, and the proceedings were again adjourned to 29.05.2023. Thus, the present writ petition has been filed, with prayer for directions to respondent no. 1 to decide the case of the petitioners in a time bound manner.
8. Issue notice.
9. Notice is accepted by learned counsel appearing for respondent no. 1. She submits that owing to administrative exigencies, the matter has not been taken up by the concerned SDM. However, learned counsel assures the Court that an expedited hearing shall be granted to the petitioners.
10. In view of the aforesaid, it is directed that respondent no. 1 shall expedite the hearing of the case titled as Khacheru Vs Jagat Singh and Others, bearing case no. 1520/1989 filed under Section 85 of the DLR Act in a time bound manner. The respondent no. 1 is directed to expedite the hearing of the aforesaid and decide the same expeditiously, preferably within one year from today.
11. With the aforesaid directions, the present writ petition is disposed of.
The legal principle established is the need for a time-bound resolution of proceedings under the Delhi Land Reforms Act to prevent infringement of legal rights.
The main legal point established in the judgment is the application of the Delhi Land Reforms Act, 1954, and the interpretation of its provisions regarding bhumidari rights, res judicata, and the lim....
The main legal point established in the judgment is that a challenge to a Bhumidhari Certificate filed 50 years later was grossly barred by delay and laches, and that the Appellant, who was not in ph....
The legal proceedings under the DLR Act would not be maintainable in an urbanised area, and the petitioner was granted liberty to approach a Civil Court for the declaration of bhumidari rights.
The judgment established the principle that the provisions of the DLR Act cease to apply after urbanization of the land, as interpreted from Section 507(a) of the Act, 1957 and the decision in Mohind....
The court emphasized the importance of adjudicating upon the petitioner's application for correction of revenue entries and granted the petitioner liberty to seek mutation of the land.
The main legal point established in the judgment is that the refusal of LSR/NOC by the respondent No.2 was not justified, and the objections raised under the Land Restriction Act were not applicable ....
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 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....
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