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MINI PUSHKARNA
Rajeev Shah (deceased) Through Lr Ms. Gayatri Shah – Appellant
Versus
Government of NCT of Delhi – Respondent
JUDGMENT
Mini Pushkarna, J. The present writ petition has been filed by the petitioner raising the plea that the proceeding in appeal bearing no. 70/2010, GS Rajokri Vs Rajiv Shah (deceased) through LRs, filed by the respondent no. 2 Gaon Sabha, Rajokri under Section 185 of the Delhi Land Reforms Act, 1954 (DLR Act) against the order/judgment dated 26.05.2010 passed by the learned Sub Divisional Magistrate (SDM)/Revenue Assistant (RA), cannot continue in view of declaration of Village Rajokri, wherein the land in question is situated, as a Low Density Residential Area (LDRA) in urban extension.
2. Proceedings under Section 81 of the DLR Act were initiated in respect of the land of the petitioner and respondent no. 3, bearing khasra nos. 549/1 Min (0-9), 548 Min (0-3/2), 553 Min (3-0) and 558/1 Min (0-12), situated in Village Rajokri, Tehsil Vasant Vihar, New Delhi. The proceedings were initiated on the basis of report of the Halka Patwari dated 02.01.2009, wherein it was reported that a boundary wall is being raised and construction material is lying in huge quantity. Thus, notice dated 23.01.2009 was issued by the learned SDM/RA to late Sh. Rajiv Shah, father of the petitioner an
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.
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 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 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 urbanised, the proceedings under the Delhi Land Reforms Act cannot continue any further.
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....
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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