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IN THE HIGH COURT OF DELHI AT NEW DELHI
MINI PUSHKARNA, J.
Holistic Farms Pvt. Ltd – Appellant
Versus
Gaon Sabha Rajokri & Ors. - Respondents
W.P.(C) 10778 of 2021 & CM APPL. 33255 of 2021
Decided on : 10-03-2023
Urbanisation - Applicability of DLR Act - Section 507 of DMC Act - [DLR Act, 1954, Section 81; DMC Act, 1957, Section 507] - The court discussed the applicability of the Delhi Land Reforms Act, 1954 (DLR Act) in the context of urbanisation of Village Rajokri pursuant to a notification under Section 507 of the Delhi Municipal Corporation Act. The court referred to various judgments and highlighted that once a rural area is urbanised, the provisions of DLR Act cease to apply. The court also emphasized that the purpose of DLR Act is to protect agricultural use of the land, and when an area is declared as Low Density Residential Area (LDRA) and farm houses are recognized, non-agricultural use of land is acknowledged. The court concluded that the proceedings under the DLR Act against the petitioner were rightly dropped, and directed the pending proceedings to be dropped due to the urbanisation of the area.
Fact of the Case:
The petitioner owned land in Village Rajokri and constructed a farm house, which led to proceedings under Section 81 of the DLR Act. The petitioner argued that the area was urbanised, and the DLR Act ceased to apply. The Gaon Sabha filed an appeal against the dropping of proceedings, leading to the present writ petition.
Finding of the Court:
The court found that the area was declared as LDRA and recognized the existence of farm houses, leading to the cessation of the applicability of the DLR Act. The court concluded that the proceedings against the petitioner under the DLR Act were rightly dropped and directed the pending proceedings to be dropped.
Issues: The issues involved the applicability of the DLR Act in the context of urbanisation and the recognition of non-agricultural use of land in an LDRA.
Ratio Decidendi: Once a rural area is urbanised, the provisions of DLR Act cease to apply, and non-agricultural use of land is recognized. The purpose of DLR Act is to protect agricultural use of the land.
Final Decision: The court allowed the writ petition and directed the pending proceedings against the petitioner to be dropped.
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, a show cause notice and restraint order dated 18.01.2013 was issued by the SDM. Reply thereto was filed by the petitioner on 15.03.2013. Before the SDM, the petitioner submitted that there was no colonisation by it and that the petitioner had constructed a farm house as per the sanctioned plan. Thus, by its order dated 14.08.2013, the learned SDM dropped the proceedings against the petitioner.
5. Subsequently, the Gaon Sabha i.e. respondent no. 1 herein filed an appeal against the aforesaid order of the learned SDM. The said appeal being Appeal No. 51/2013 is still pending disposal before the learned ADM. Thus, the present writ petition has been filed.
6. It is the case of the petitioner that the proceedings before the Learned ADM cannot continue, as the Village in question where the land is situated, was declared as Low Density Residential Area in the year 2013 and was subsequently urbanised in the year 2020. In support of its submissions, the petitioner has relied upon the following judgments:
(ii) Narain Singh & Another Vs. Financial Commissioner & Others, judgment dated 22.11.2012 in LPA No.591 of 2008
(iii) Prithvi Raj Vs Gaon Sabha Palam, judgment dated 20.12.2010 passed in W.P (Civil) No. 4279/2007.”
7. Respondent no. 1 in its counter affidavit has submitted that the present writ petition raises various disputed questions of facts, which cannot be adjudicated by this Court in writ jurisdiction. The appeal filed on behalf of the respondent no. 1 can be agitated by the petitioner before the learned ADM and the present writ petition is liable to be dismissed.
8. It is further the case on behalf of respondent no. 1 that the case of the petitioners falls under Case 4, as detailed in the judgment in Sanvik Engineers India Pvt. Ltd & Anr. Vs GNCTD of Delhi & Anr., W.P. (C) 5267/2020. It is submitted that as per the said judgment, where a notification under DMC or DDA Act comes to be issued during the pendency of an appeal or revision against the final order at the behest of the landholder or Gaon Sabha, the right to institute or continue pending appeals against final orders passed under Section 81 would not stand extinguished merely because the land in the meanwhile had fallen under the control of the DMC or DDA.
9. Learned counsel for respondents 1 and 3 has relied upon the following judgments:-
(ii) Ramesh Chandra Shrivas vs. Murti Ramchndraji, MANU/MP/0406/2003
(iii) Shyam Sundar & Ors. vs. Ram Kumar & Ors., MANU/SC/0405/2001
(iv) Ambalal Sarabhai Enterprises Ltd. vs. Amrit Lal & Co. & Or
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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