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IN THE HIGH COURT OF DELHI AT NEW DELHI
MINI PUSHKARNA, J.
Smt Ruksana Bano & Ors. – Appellants
Versus
Government Of NCT of Delhi & Ors. - Respondents
W.P.(C) 5517 of 2020 & CM APPL. 19871 of 2020
Decided on : 07-03-2023
Land Reforms Act - Jurisdiction - 81 DLR Act - M/s Shri Neelpadmaya Consumer Products Pvt. Ltd. Vs. Sh. Satyabir @ Satbir and Ors., 2016 SCC OnLine Del 761, Harshad ChimanLal Modivs DLF Universal LTD, 2005(7) SCC 791, Sanvik Engineers India Pvt. Ltd & Anr. Vs. Govt. Of National Capital Territory of Delhi, 2022 (289) DLT 18 - The court set aside the ex parte order dated 24.06.2010 passed by the SDM/RA (Najafgarh), GNCTD, as being non-est and nullity, and having been passed without any jurisdiction. Consequently, the respondents are directed to hand over possession of the land under the ownership of the petitioners forthwith, viz. land comprised in Khasra Nos. 24/6/1/2 (0- 18), 15/2 (1-12), 25/10/1 (0-15), 25/11 (4-16), 12 (1-14), 25/20/1 (0-8) and 20/2 (3-18), situated in the revenue estate of village Goela Khurd, New Delhi. The petitioners are directed to approach the concerned Revenue Authorities with requisite documents of ownership in their favour for taking over possession of their respective lands.
Fact of the Case:
The petitioners filed a writ petition to set aside an ex parte order vesting their land in Gram Sabha, claiming that the land was outside the purview of the Delhi Land Reforms (DLR) Act, 1954 after a notification by the Delhi Development Authority (DDA) for South West Delhi. The petitioners were defense personnel/family members of defense personnel who purchased the land for post-retirement settlement. They found a notice board on their land in 2016, announcing it as a site for a school, and learned that the land had been vested in the Gram Sabha. The petitioners claimed that the vesting was illegal and without jurisdiction.
Finding of the Court:
The court found that the land ceased to be governed by the DLR Act after being covered under the zonal plan issued by the DDA, and the order vesting the land in Gram Sabha was without jurisdiction. The court set aside the ex parte order and directed the respondents to hand over possession of the land to the petitioners.
Issues: The issues involved the jurisdiction of the court under the DLR Act, the legality of the vesting order, and the rights of the petitioners as landowners.
Ratio Decidendi: The court held that once the 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 after urbanization of the land is without jurisdiction. The court also emphasized the importance of following the Principles of Natural Justice in such matters.
Final Decision: The court set aside the ex parte order vesting the land in Gram Sabha and directed the respondents to hand over possession of the land to the petitioners, who were instructed to approach the concerned Revenue Authorities with requisite documents of ownership for taking over possession of their respective lands.
JUDGMENT :
MINI PUSHKARNA, J.
1. The present writ petition has been filed for setting aside ex parte order dated 24.06.2010 passed by the Sub Divisional Magistrate (SDM)/Revenue Assistant (RA), Najafgarh, in Case No. 02/2010, by which the land of the petitioners has been vested in the Gram Sabha, Goela Khurd. The present petition has been filed raising the plea that the land in question had been notified beyond the purview of the Delhi Land Reforms (DLR) Act, 1954 after publication of the zonal plan by Delhi Development Authority (‘DDA’) for South West Delhi, including village Goela Khurd, on 04.06.2010 under the Master Plan for Delhi 2021, thereby rendering the impugned order as without any jurisdiction.
2. Prayer has been made for direction to respondents to release and hand over possession of the vested land to the petitioners, on the premise that the vesting is in violation of the notification dated 04.06.2010 issued by the DDA and also in violation of the Principles of Natural Justice as the petitioners were not given any hearing before vesting the said land to Gram Sabha by the concerned authority.
3. By order dated 24.06.2010 issued by the court of SDM/RA (Najafgarh), Government of NCT of Delhi, proceedings under Section 81 of the DLR Act were decided thereby declaring that the land in question stands vested in Gaon Sabha, since the said land was being used for non-agricultural purposes. The said order as passed by SDM/RA (Najafgarh) is reproduced as below:
IN REF:-
CASE NO: 02/2010
UNDER SECTION : 81 DLR ACT
GAON SABHA GOELA KHURD
VERSUS
Rajiv Chaudhary, Sanjiv Chaudhary Ss/O Mahender Singh, Dalip Singh S/O Hari Singh, Surajbhan, VedParkash, Kuldeep Ss/o Birkhe, Arun S/o Om Parkash, Naresh, Nirmla, Sushila, Urmila S/D/O Mauji Ram, Rajesh Kumar S/O Rajender Singh, North-East Tribal Welfare Society C/14, New Krishna Park, New Delhi-18, Through Chairman Mr. LalDitsaklavour & Secretary Sh. C.H. Vunga
ORDER
By this order I shall dispose off the case of under section-81 of Delhi Land Reforms Act, 1954 which was initiated on the basis of Halqa Patwari report dated 02/01/2010 in which it was stated that Khasra No. 24/6/1/2(0-18), 15/2(1-12), 10/2(0-15), 25/11(4-16), 12(1-14), 25/20/1(0-8), 20/2(3-18), situated in the revenue estate of village GOELA KHURD New Delhi had been converted into non-agricultural use by the respondent thereby contravening the provisions of Section 81 of Delhi Land Reforms Act.
The undersigned has made the visit on the abovementioned Khasras and found to be the violation Restrain Order. The land is used for non-agricultural purpose in the form of developing un-authorised colony. If further time will be given, it will be developed into un- authorized colony. A report dated 02/01/2010 of Halqa Patwari- village Goela Khurd is available on file which also confirms that the land has been plotted by doing D.P.C., construction on it and houses exist on the suit land in violation of Section-81 of Delhi Land Reforms Act, 1954. Since the respondent has failed to comply with Restrain order therefore the land is vested in Gaon Sabha. Consequently the bhoomidhar stands ejected from the suit land and land in question stands vested in the Gram Sabha with immediate effect. Copy of this order be sent to Tehsildar (Palam) and B.D.O. (South-West) and SHO (Chhawla) for necessary action.
Given under my hand and seal of this court on 24/06/2010.
File be consigned to record room.
-Sd-
(RAJESH SHUKLA)
REVENUE ASSISTANT/SDM
NAJAFGARH: DELHI”
4. It is the case of the petitioners that they are owners of the land bearing Khasra Nos. 24/6/1/2 (0-18), 15/2 (1-12), 25/10/1 (0-15), 25/11 (4-16), 12 (1-14), 25/20/1 (0-8) and 20/2 (3-18), situated in the Revenue estate of village Goela Khurd, New Delhi. The petitioners claim ownership over the land in question on the basis of General Power of Attorneys (GPAs) executed by transferees of the original owners/bhumidars of the land in question, executed in their
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 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....
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 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 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....
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 court ruled that an unregistered lease does not confer rights, and amendments changing the nature of a petition are impermissible if no enforceable rights exist.
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