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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Col Mahinder Singh – Appellant
Versus
The Tehsildar Vasant Vihar & Anr. – Respondents
W.P.(C) 4167 of 2023
Decided On : 26-04-2023
mutation - land mutation - The court allowed the petitioner to approach the appropriate authorities for the mutation of land in the name of the legal heirs of the original owner, granting liberty to make representations to the concerned authorities for expeditious processing of the mutation.
Fact of the Case:
The petitioner filed a petition for the mutation of land in the name of the legal heirs of the original owner in a village that had already been urbanized, leading to a dispute over the appropriate authority for effecting mutation.
Finding of the Court:
The court allowed the petitioner to approach the appropriate authorities for the mutation, granting liberty to make representations to the concerned authorities for expeditious processing of the mutation.
Issues: Dispute over the appropriate authority for effecting mutation of the land.
Ratio Decidendi: The appropriate authority for effecting mutation of urbanized land was determined to be the Municipal Corporation of Delhi (MCD) or the Delhi Development Authority (DDA), under whose area the land in question would fall.
Final Decision: The court disposed of the writ petition and the application, granting liberty to the petitioner to approach the appropriate authorities for the mutation of land in the name of the legal heirs of the original owner.
JUDGMENT
[Physical Hearing/ Hybrid Hearing]
Mini Pushkarna, J. (Oral)
CM APPL. 16150/2023 (exemption from filing certified copies of annexures/ documents) and CM APPL. 16176/2023 (exemption from filing typed copies of dim annexures/documents and for leave to place on record documents with inadequate margins).
1. Exemptions allowed, subject to just exceptions.
2. Applications stand disposed of accordingly.
W.P.(C) 4167/2023 and CM APPL. 16149/2023
3. The present petition has been filed with the prayer for effecting mutation of the land of the petitioner in Khasra No. 402/95 Min (1-18) situated in village Masoodpur, Tehsil and Sub-Division, Vasant Vihar, New Delhi, in the name of the legal heirs of original bhumidar late Smt. Saroj Devi.
4. At the outset, learned counsel for respondent Nos. 1 and 2 appearing on advance notice submits that the village in question i.e. Village Masoodpur already stands urbanised way back in the year 1972. Thus, he submits that the appropriate authority for effecting mutation would not be the Tehsildar or the Sub-Divisional Magistrate (SDM) of the area, but the Municipal Corporation of Delhi (MCD) or the Delhi Development Authority (DDA), under whose area the land in question would fall.
5. Considering the aforesaid submissions, learned counsel appearing for the petitioner submits that he may be allowed to represent before the concerned authorities viz. DDA and MCD for the purposes of effecting mutation.
6. Liberty is granted to the petitioner to approach the appropriate authorities of the MCD or the DDA with prayer for carrying out the mutation in the name of the legal heirs of the original owner/ bhumidar of the land in question.
7. As and when a representation/ application is made on behalf of the petitioner to the concerned authority for the purposes of effecting mutation, the said application shall be dealt with expeditiously.
8. With the aforesaid liberty, the present writ petition and the application are disposed of.
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