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2023 Supreme(Del) 5038

MINI PUSHKARNA
Shweta Agarwal – Appellant
Versus
Government of NCT of Delhi – Respondent


Advocates appeared:
Mr. Dhananjay Mehlawat, Mr. Rohan Yadav, Advocates, for the Petitioners.
Mr. Prashant Manchanda, ASC for GNCTD with Ms. Nancy Shah, Ms. Khushboo Tomar, Ms. Jasleen Kaur, Advocates for R-1 & 2.

JUDGMENT

[Physical Hearing/ Hybrid Hearing]

Mini Pushkarna, J. (Oral)

CM APPL. 27907/2023 (under Section 151 CPC for exemption)

1. Allowed, subject to just exceptions.

2. Application is disposed of.

W.P.(C) 7159/2023 & CM APPL.27906/2023

3. The present writ petition has been filed with prayer for quashing the proceedings pending before the Deputy Commissioner (South) filed on behalf of respondent No.2, Gaon Sabha Jonapur, challenging the order/judgment dated 27.10.2014 passed by the Sub-Divisional Magistrate (SDM)/Revenue Assistant (RA). By the said judgment/order dated 27.10.2014, ld. SDM/RA in the proceedings under Section 81 of the Delhi Land Reforms Act 1954 (DLR Act) had dropped the proceedings with respect to the land of the petitioners bearing Khasra No. 58/21/2, 22/1 min(0-7), 21/1 min(0-06), 22/2 min (3-02), situated in village Jonapur. The said proceedings were dropped by ld. SDM/RA on the ground that the same were vitiated being a nullity.

4. It is the case on behalf of the petitioners that the area in question was declared as Low Density Residential Area (LDRA) by way of notification dated 18.06.2013. Thus, it is submitted that after the declaration of the area as LDRA

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