Back
MINI PUSHKARNA
Anil Kumar Tyagi – Appellant
Versus
Sushil Kumar Tyagi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)--The present writ petition has been filed challenging the order dated 29.07.2022 passed by the Ld. Financial Commissioner in REV. PET. No.207/2021. By way of the impugned order, Ld. Financial Commissioner has set aside the consent order dated 30.11.2021 passed by the Revenue Assistant, Civil Lines, Delhi.
2. It is the contention on behalf of the petitioners that the Court of Financial Commissioner did not have any jurisdiction to pass the impugned order, as the said revision petition was not maintainable before the learned Financial Commissioner. It is submitted that against the order of the Revenue Assistant, an appeal is to be filed before the Deputy Commissioner in terms of Entry 11 of Schedule I of the Delhi Land Reforms Act, 1954 (hereinafter referred to as DLR Act, 1954). Ld. Counsel for petitioner submits that after the first appeal, second appeal can be filed before the Chief Commissioner, who is the Financial Commissioner in Delhi. Thus, he submits that a revision petition having been filed directly against the order of the Revenue Assistant dated 30.11.2021 before the Financial Commissioner, without filin
The jurisdiction of Revenue Courts is ousted upon urbanization of the area, as per the Delhi Land Reforms Act, 1954.
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, 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....
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 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 the J&K Land Revenue Act provisions apply to the partition of land, even if covered under the J&K Agrarian Reforms Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
