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MINI PUSHKARNA
Asha Bhalla – Appellant
Versus
Revenue Assistant/SDM – Respondent
JUDGMENT :
MINI PUSHKARNA, J.
The present writ petition has been filed with prayer for quashing the impugned order/judgment dated 30.01.2021 of the Revenue Assistant/Sub Divisional Magistrate (SDM), Saket passed in Case No. 186/RA/1987 in proceedings titled as G.S. Saidulajaib v. Chuttan.
2. It is the case on behalf of the petitioner that the petitioner owns Shop No. 4, Saidulajaib, MB Road, Opposite Saket, New Delhi since the year 1976. Proceedings under Section 81 of The Delhi Land Reforms Act, 1954 (‘DLR Act’) were initiated against the petitioner in the year 1987.
3. Subsequently, by way of impugned judgment, the order of vesting was passed vide order dated 30.01.2021 by learned SDM ordering that the conditional order dated 21.08.1998 be made absolute and the land comprising Khasra No. 394/324/325/36 and 395/326-327/40 situated in the revenue estate of Village Saidulajaib is vested in Gaon Sabha. Orders for ejectment of the petitioner herein were passed.
4. It is not disputed by the parties that Village Saidulajaib was urbanized in the year 2019 i.e. much prior to the order of vesting dated 30.01.2021. Attention of this Court is drawn to the Gazette Notification dated 25.09.2020, wh
Proceedings under the Delhi Land Reforms Act after urbanization of the area were deemed illegal and non-est, leading to the setting aside of the vesting and conditional orders.
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.
Once a rural area is urbanised, the provisions of DLR Act cease to apply, and non-agricultural use of land is recognized.
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 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 an area has been urbanised, proceedings under the Delhi Land Reforms Act cannot continue any further.
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 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 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....
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