Back
MINI PUSHKARNA
Saroj Devi – Appellant
Versus
Municipal Corporation of Delhi – Respondent
JUDGMENT
[Physical Hearing/ Hybrid Hearing]
Mini Pushkarna, J. (Oral)
CM APPL. 8783/2023
1. The present is an application under Section 151 CPC seeking exemption from filing clear copies of annexures.
2. Application is allowed, subject to just exceptions.
3. Application stands disposed of.
W.P.(C) 2318/2023 & CM APPL. 8782/2023
4. The present writ petition has been filed with prayer for setting aside the impugned order/warrant of attachment of property dated 02.02.2023 issued by Sub Divisional Magistrate (SDM), Rohini. There is prayer for direction to the respondent no.3 to de-seal the properties of the petitioners viz (i) property beaing no. 105, Pocket-27, Sector-24, Rohini, Delhi,(ii) property bearing no. 104, Pocket-27, Sector-24, Rohini, Delhi and (iii) property bearing no. 118, Pocket-4 & 5, Sector-23, Rohini, Delhi.
5. It is the case of the petitioners that petitioners no. 1 & 2 are the joint owners of the aforesaid properties.
6. The same have been illegally sealed by the SDM, Rohini/respondent no.3 herein by resorting to proceedings under Section 139 of the Delhi Land Reforms Act, 1954 (DLR Act). Further, warrant of attachment of property dated 02.02.2023 have been issu
The central legal point established in the judgment is that the applicability of the Delhi Land Reforms Act, 1954 is determined by the urbanized nature of the area, and once an area has been urbanize....
The central legal point established in the judgment is that the Delhi Land Reforms Act, 1954 ceases to have any applicability to urbanized areas.
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 proceedings under the Delhi Land Reforms Act cannot continue any further.
Once an area has been urbanised, proceedings under the Delhi Land Reforms Act cannot continue any further.
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 sealing of a property for tax recovery without following prescribed legal procedures under the Municipal Corporation of Delhi Act is unlawful.
Once a rural area is urbanised, the provisions of DLR Act cease to apply, and non-agricultural use of land is recognized.
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
