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MINI PUSHKARNA
Gurbachan Singh Saluja – Appellant
Versus
Vijay Kumar – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral):
1. The present appeal has been filed against judgment dated 30.03.2007 passed by the Executing Court in Ex. No. 1633/2006, thereby dismissing the execution petition filed on behalf of the appellant herein, and allowing the objections of the respondent/judgment debtor.
2. A suit for Specific Performance and possession was filed on behalf of appellant herein that was decreed in his favour by judgment and decree dated 06.05.1993, as amended by order dated 11.01.1996.
3. The appellant/decree holder filed execution petition, being Ex. No. 134/1996 before this Court. Subsequently, the execution petition was transferred to District Court in September, 2006 and was re- numbered as Ex. No. 1633/2006.
4. By way of the impugned judgment dated 30.03.2007, the execution petition filed on behalf of the appellant herein was dismissed. Thus, the present appeal came to be filed challenging the same.
5. The primary reason for dismissal of the said execution proceedings filed on behalf of the appellant herein was that the Delhi Land Reforms Act, 1954 (DLR Act) is a complete Code and therefore the Civil Court has no jurisdiction
Once an area has been urbanized, provisions of the Delhi Land Reforms Act will not apply to such area, and the Civil Court will have jurisdiction in the urbanized area.
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, proceedings under the Delhi Land Reforms Act cannot continue any further.
Once an area has been urbanised, the proceedings under the Delhi Land Reforms Act cannot continue any further.
Once a rural area is urbanised, the provisions of DLR Act cease to apply, and non-agricultural use of land is recognized.
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....
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 ....
Proceedings under the DLR Act after the urbanization of the area were deemed non-est and illegal, leading to the setting aside of the final order and quashing of the pending proceedings.
The jurisdiction of Revenue Courts is ousted upon urbanization of the area, as per the Delhi Land Reforms Act, 1954.
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