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MINI PUSHKARNA
Arun Kumar Jain – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)
CM APPL. 28217/2023 (Application on behalf of the petitioner under Section 151 CPC seeking exemption from filing original documents, certified copies and/or typed copies of dim documents/annexures)
1. Allowed, subject to just exceptions.
2. Application is disposed of.
W.P.(C) 7246/2023 & CM APPL. 28216/2023 (Application for stay under Section 151 CPC)
3. The present writ petition has been filed with prayer for restraining the respondent no. 1 from proceeding further in the proceedings pending under Section 185 of the Delhi Land Reforms Act, 1954 (DLR Act) bearing Case no. 81/2019 titled as Gaon Sabha, Dera Mandi Vs. Arun Kumar Jain.
4. It is submitted that the said proceedings are pending in respect to the petitioner's land comprised in Khasra no. 18//11 min (2-08), 19 (4-16) & 20/1 min (1-06), situated in Village Dera Mandi, New Delhi.
5. It is the submission on behalf of the petitioner that the impugned proceedings are totally illegal, unlawful, null and void and non-est. It is submitted that the land in question was urbanised much before the initiation of the proceedings under Section 81 of the DLR Act. It is
Once an area has been urbanised, the proceedings under the Delhi Land Reforms Act cannot continue any further.
Once an area has been urbanised, proceedings under the Delhi Land Reforms Act cannot continue any further.
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.
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....
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 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....
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.
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.
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