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MINI PUSHKARNA
Radiance Fincap P. Ltd. Through Its Authorized Representive Shri Mukesh Rana – Appellant
Versus
Govt of NCT of Delhi Department of Revenue – Respondent
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 Re
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 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 jurisdiction of Revenue Courts is ousted upon urbanization of the area, as per the Delhi Land Reforms Act, 1954.
Once an area has been urbanised, the proceedings under the Delhi Land Reforms Act cannot continue any further.
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 an area has been urbanised, proceedings under the Delhi Land Reforms Act cannot continue any further.
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.
Proceedings under the Delhi Land Reforms Act after urbanization of the area were deemed illegal and non-est, leading to the setting aside of the vesting and conditional orders.
The main legal point established in the judgment is that once a particular area has been recognized as urbanized, proceedings under the DLR Act cannot be initiated or continued.
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