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MINI PUSHKARNA
Holistic Farms Pvt. Ltd – Appellant
Versus
Gaon Sabha Rajokri – Respondent
JUDGMENT :
MINI PUSHKARNA, J.
1. This matter is taken up today as 09.03.2023 was declared a holiday.
2. The present writ petition has been filed with prayer for order and direction thereby holding that in view of the urbanisation of Village Rajokri in pursuance of notification under Section 507 of the Delhi Municipal Corporation Act, (DMC Act), provisions of Delhi Land Reforms Act, 1954 (DLR Act) ceases to apply. There is further prayer for directions to the respondents to drop the proceedings pending disposal before the Court of Additional District Magistrate (ADM) in view of urbanisation of the land in question.
3. Petitioner is owner of land bearing Khasra no. 240 (0-15), 241 min (0-15), 243 min (1-14), 242 (4-16) and 239 (4-16), situated in the revenue estate of Village Rajokri, New Delhi. The petitioner constructed a farm house over the land owned by it after obtaining a duly sanctioned plan from the Municipal Corporation of Delhi (MCD).
4. It is the case of the petitioner that just after purchase of land by the petitioner in the month of January, 2013, a report was given by Halka Patwari to the Sub-Divisional Magistrate (SDM) thereby alleging illegal construction. Pursuant thereto
Once a rural area is urbanised, the provisions of DLR Act cease to apply, and non-agricultural use of land is recognized.
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 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 is that the provisions of the Delhi Land Reforms Act cease to apply to an area after its urbanization, as per settled law and the Supreme Court's decision in Mohinder....
Once an area has been urbanised, the proceedings under the Delhi Land Reforms Act cannot continue any further.
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 urbanised, proceedings under the Delhi Land Reforms Act cannot continue any further.
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.
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 an area has been urbanised, the provisions of the DLR Act cease to apply to the said area, and any proceedings pending under the DLR Act after urbanisation of an area in question cannot continue....
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