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MINI PUSHKARNA
Ghanshyam Dass Since Deceased Through His Lrs – Appellant
Versus
Government of NCT of Delhi – Respondent
JUDGMENT
Mini Pushkarna, J. (Oral)--The present writ petition has been filed on behalf of the petitioners for quashing/setting aside the conditional order dated 21.08.1998 passed by the Learned Revenue Assistant Saket, in Case No.186/RA/1987, titled as G.S. Saidulajaib vs. Chuttan.
2. By way of the said order, the respondent had directed the petitioners to convert the land of the petitioners situated in Village Saidulajaib, New Delhi to agricultural use within a period of three months. The present writ petition also assails the judgment dated 30.01.2021 issued on 02.02.2021 by which the conditional order dated 21.08.1998 was made absolute, consequently vesting the subject land in Gaon Sabha, Sultanpur under Section 81 of the Delhi Land Reforms Act, 1954 (DLR Act).
3. The petitioners had filed an appeal before the Collector under Section 185 of the DLR Act challenging the said judgment passed by the learned Revenue Assistant. The said appeal was also dismissed by the learned Deputy Commissioner/Collector (South) vide order dated 23.07.2022 on the ground that the appeal was not maintainable.
4. By way of the present writ petition, it is contended that the proceedings under Delhi La
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.
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.
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.
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 agricultural land becomes urbanized and used for non-agricultural purposes, it falls outside the purview of the Delhi Land Reforms Act, 1954, and revenue authorities lack jurisdiction to initiat....
The central legal point established in the judgment is that once the property ceases to answer to the description of land as defined under the Delhi Land Reforms Act, proceedings under the Act cannot....
The order of vesting made under Section 81 and 82 of Act divests and deprives owner or occupier of all rights existing in the land. Vesting results in Gaon Sabha acquiring absolute title and rights o....
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 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.
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