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 on the land.

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, the land ceased to be a rural area. Reliance is placed upon the judgment dated 10.04.2023 passed in the case of Rajeev Shah Through LRs Vs. GNCTD & Anr., 2023 SCC OnLine Del 2023.

5. Issue notice. Notice is accepted by ld. Counsel for respondents.

6. I have heard ld. Counsels for the parties and after hearing the parties, I propose to dispose of the present writ petition, as only legal questions are involved in the present petition.

7. The documents on record clearly manifest that in the present case, the area in question where the land is situated, was declared as LDRA by way of notification dated 18.06.2013. Proceedings under Section 81 of the DLR Act were initiated in respect of the land of the petitioners on the basis of Halqa Patwari's Report dated 14.11.2013. Thus, any proceedings under the DLR Act could not have been commenced after the declaration of the land as LDRA.

8. This Court in the case of Rajeev Shah (supra) has categorically held that once an area has been declared as a LDRA, it ceases to be a rural area and becomes part of the urban area. Thus, it has been held as follows:

"13. It is no longer res-integra that once an area has been declared as LDRA, it ceases to be a rural area and becomes part of urban area. The area in question i.e. Village Rajokri was declared as LDRA by way of Gazette notification dated 18.06.2013 issued by the Ministry of Urban Development (Delhi Division). Thus, after declaration of the area as LDRA, the land can no longer be said to be for agricultural purposes. The purpose of DLR Act is to protect agricultural use of the land. However, when an area itself is declared as Low Density Residential Area, non-agricultural use of land stands recognised by the Master Plan itself.

14. After modification in MPD, 2021 under Section 11A of DD Act, vide notification dated 18.06.2013, there is no manner of doubt that village Rajokri is an "urban village". This Court in the case of Shri Neelpadmaya Consumer Products Pvt. Ltd. v. Sh. Satyabir @ Satbir (supra), has held that a notification for urbanisation need not only be through a notification under Section 507 of The Delhi Municipal Corporation Act, 1957 (DMC Act). It was held that once a notification is issued applying a zonal plan, issued pursuant to the Master Plan showing the subject lands as covered under the zonal plan issued by the DDA, in such a situation, the lands cease to be lands covered under the DLR Act, as the issuance of notification in the official gazette results in the lands becoming part of the Delhi land. Thus, it was held as follows:-

"20. There is yet another angle by which the issue can be looked upon and decided. This is in terms of Section 3(13) of the Act which defines the land which is the subject matter of the Act. Besides the definition o