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MINI PUSHKARNA
Sudesh Kumari – Appellant
Versus
Municipal Corporation of Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
CM APPL. 9758/2023 (Application under Section 151 CPC for exemption from filing clear copies of the annexures and filing dim copies)
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) 2546/2023 & CM APPL. 9757/2023 (Application under Section 151 CPC seeking stay of impugned order dated 02.02.2023 and further issuing necessary directions to de-seal the subject properties till the pendency of the present writ petition)
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 bearing no. 6, Pocket-27, Sector-24, Rohini, Delhi and (ii) property bearing no. 153-154, Pocket-11, Sector-24, Rohini, Delhi.
5. It is the case of the petitioners that petitioner no. 1 is the owner of property No. 6 as aforesaid, and petit
The central legal point established in the judgment is that the Delhi Land Reforms Act, 1954 ceases to have any applicability to urbanized areas.
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....
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 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 a rural area is urbanised, the provisions of DLR Act cease to apply, and non-agricultural use of land is recognized.
The sealing of a property for tax recovery without following prescribed legal procedures under the Municipal Corporation of Delhi Act is unlawful.
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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