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.

JUDGMENT

[Physical Hearing/Hybrid Hearing]

Mini Pushkarna, J. (Oral)

CM APPL. 27188/2023 (Application for exemption from filing originals/certified copies of annexures)

1. Allowed, subject to just exceptions.

2. Application is disposed of.

W.P.(C) 6987/2023 & CM APPL. 27187/2023 (Application under Section 151 CPC for stay)

3. The present writ petition has been filed challenging the order dated 11.04.2023 passed by the learned Financial Commissioner, Delhi in Case No.117/2017, titled as "Radiance Fincap (P) Ltd. Vs. Gaon Sabha Rangpuri" whereby the Revision petition of the petitioner under Section 187 of the Delhi Land Revenue Act, 1957 (DLR Act) has been dismissed.

4. It is the case on behalf of the petitioner that at the time of issuance of the notice as well as passing of the conditional order by the respondent dated 23.03.2007, the same was issued to one Radions Kin Camp (P) Ltd. instead of Radiance Fincap (P) Ltd., which is the actual name of the petitioner herein. Thus, it is submitted that notice was issued to a wrong entity and therefore, conditional order under Section 81 of the DLR Act was passed ex-parte.

5. Subsequently, final order dated 28.05.2008 was passed by the Revenue Assistant (Vasant Vihar), whereby the conditional order dated 23.03.2007 was confirmed. It is submitted that both the orders i.e., conditional order dated 23.03.2007 as well as final order dated 28.05.2008 were ex-parte, since, no proper notice was ever given to the petitioner.

6. It is further submitted that it is only upon application of the petitioner before the Revenue Assistant that the correct name of the petitioner was reflected in the final order dated 28.05.2008 under Section 81 of the DLR Act passed by the Revenue Assistant (Vasant Vihar). It is further submitted that the appeal filed by the petitioner before the Deputy Commissioner was dismissed, whereupon a revision petition was filed before the learned Financial Commissioner.

7. It is submitted that the matter was listed before the learned Financial Commissioner for final arguments. However, the Learned Financial Commissioner disposed of the revision petition of the petitioner on the ground that since the area in question, i.e., village Rangpuri, where the subject land is situated, has been urbanised vide notification dated 20.11.2019 under Section 507 of the Delhi Municipal Corporation Act, 1957, all the proceedings under the DLR Act have become non-est.

8. Thus, the present writ petition has been filed on behalf of the petitioner. It is submitted that the revision petition of the petitioner has been disposed of without giving any finding on the merits of the case, as the conditional order as well as the final order passed by the learned Sub-Divisional Magistrate (SDM) were illegal and had been passed without granting any hearing to the petitioner.

9. On the other hand, learned counsels appearing for respondents on advance notice submit that though the name of the petitioner was written incorrectly, however, the notice was served on the correct address. Therefore, it is submitted that it cannot be said that there was no notice to the petitioner herein. It is further submitted that proceedings under Section 81 of the DLR Act were initiated against the petitioner, as the petitioner was guilty of unauthorized construction on agricultural land.

10. It is further submitted that the order passed by the Learned Financial Commissioner dated 11.04.2023 is correct and legal, in view of the judgment of the Hon'ble Supreme Court in the case of Mohinder Singh (Dead) through LRs and Another Vs. Narain Singh & Ors., 2023 SCC OnLine SC 261.

11. I have heard learned counsels for the parties and with consent of the parties, I propose to dispose of the present petition.

12. The Learned Financial Commissioner vide order dated 11.04.2023 has disposed of the Revision Petition on the ground that after the urbanisation of the land in question, the proceedings under the DLR Act will not continue.