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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Rajeev Shah (deceased) Through Lr Ms. Gayatri Shah – Appellant
Versus
Government of NCT of Delhi & Ors. – Respondents
W.P.(C) 3502 of 2022 & CM Appl. 10324 of 2022
Decided On : 10-04-2023
DLR Act - Jurisdiction - Urbanisation - Section 185 of the Delhi Land Reforms Act, 1954 - Summary of Acts and Sections: DLR Act, 1954, Section 81, Section 185, Code of Civil Procedure, 1908 (CPC), Section 22, Delhi Development Act, 1957 (DD Act), Section 11A, Section 507 of The Delhi Municipal Corporation Act, 1957 (DMC Act) - The court discussed the applicability of the DLR Act in the context of urbanisation and the effect of notifications under the DMC/DDA Acts on pending proceedings. The court referred to the judgment in the case of Sanvik Engineers (supra) and the case of Mohinder Singh (dead) through LRs and Another Vs Narain Singh and Others, 2023 SCC Online SC 261, to determine the legal significance of the proceedings under the DLR Act after urbanisation of the area in question.
Fact of the Case:
The petitioner challenged the pendency of an appeal filed by the respondent no. 2 before the Learned ADM, New Delhi, contending that the DLR Act does not apply to the land in question after the notification declaring the village as a Low Density Residential Area (LDRA) in urban extension. The petitioner's land was initially subject to proceedings under Section 81 of the DLR Act, which were dropped by the learned SDM/RA. The petitioner argued that the appeal should be dropped as the land had become urbanised and the DLR Act ceased to apply.
Finding of the Court:
The court found that the proceedings pending under the DLR Act lose their legal significance after urbanisation of the area in question, as held by the Supreme Court in the case of Mohinder Singh (supra). The court allowed the petition and quashed the proceedings pending in appeal before the Learned ADM under Section 185 of the DLR Act. The parties were granted liberty to agitate their claims/disputes before the appropriate forum/civil Court.
Issues: The issues involved the applicability of the DLR Act to the land in question after urbanisation, the legal significance of pending proceedings under the DLR Act, and the jurisdiction of the court in the context of urbanisation.
Ratio Decidendi: The court held that all proceedings under the DLR Act lose their legal significance after urbanisation of the area in question, as per the law declared by the Supreme Court in the case of Mohinder Singh (supra). The court deemed the judgment in the case of Sanvik Engineers (supra) pertaining to the continuation of pending appeals under the DLR Act despite urbanisation to have been overruled by the Supreme Court's clear finding.
Final Decision: The court allowed the petition and quashed the proceedings pending in appeal before the Learned ADM under Section 185 of the DLR Act. The parties were granted liberty to agitate their claims/disputes before the appropriate forum/civil Court.
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 and respondent no. 3, stating that the agricultural land was being used for non-agricultural purposes by way of constructing boundary wall.
3. Subsequently, on the basis of reply dated 17.05.2010 filed by late Sh. Rajiv Shah, the learned SDM/RA dropped the proceedings under Section 81 of the DLR Act. An appeal under Section 185 of the DLR Act, along with an application for condonation of delay in filing the appeal, was filed by the respondent no. 2-Gaon Sabha before the Learned Deputy Commissioner, South West, Kapashera, New Delhi on 13.10.2010, which was subsequently transferred to the Court of Additional Deputy Magistrate (ADM), Jam Nagar House, New Delhi.
4. During the pendency of the appeal, father of the petitioner expired. Subsequently, upon the death of her mother, petitioner herein filed an application for substitution under Order 22 Rule 4 of Code of Civil Procedure, 1908 (CPC) on the basis of will dated 09.08.2016 in her favour, which was allowed by the learned Deputy Commissioner vide order dated 09.11.2017.
5. By way of the present writ petition, the petitioner has challenged the pendency of the appeal filed by respondent no. 2 before the Learned ADM, New Delhi.
6. On behalf of the petitioner, it is contended that the proceedings pending in the appeal before learned ADM are bad in law for want of jurisdiction, in view of the fact that the DLR Act does not apply to the land in question any more after the notification dated 18.06.2013 issued by the Ministry of Urban Development (Delhi Division) making modifications in Master Plan for Delhi-2021 (MPD 2021), in exercise of powers conferred by Sub-section 2 of Section 11A of The Delhi Development Act, 1957 (DD Act). It is submitted that as per said notification, villages containing existing farm houses cluster were notified as LDRA, which includes Village Rajokri. In view of the said notification Village Rajokri has become an urban village. Land use of the petitioner's land has become residential and that it is not an agricultural land anymore.
7. It is further the case on behalf of the petitioner that there is neither any conditional order nor any ejectment order against the petitioner, rather the proceedings were dropped by the Ld. SDM. Thus, it is submitted that since the proceedings under Section 81 of the DLR Act are yet to attain finality and orders of eviction and vesting have not been made, the case of the petitioner will fall in "Case 2", as detailed in the case of Sanvik Engineers Private India Limited & Another Vs Government of NCT of Delhi & Anr., 2022 SCC OnLine Del 360. It is submitted that "2Case 2" as detailed in Sanvik Engineers (Supra) pertains to the cases where proceedings have merely reached the stage of initiation or only a conditional order has been passed, where
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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