Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tushar Rao Gedela, J.
Karan Luthra - Appellant
Versus
Govt. Of NCT Of Delhi Through Its Secretary & Ors. - Respondents
W.P. (C) No. 5497 of 2023
Decided On : 13-03-2024
Land Restriction Act - Grant of NOC/ Land Status Report - Delhi Lands (Restrictions on Transfer) Act, 1972 - Section 5(5), Section 31, Section 33, Section 74 - The court discussed the provisions of the Delhi Land Reforms Act, 1954, particularly Section 31, Section 33, and Section 74, and their implications on the transfer of bhumidhari rights. The court also considered the objections raised under the Land Restriction Act and the constitutional obligation under Article 46 of the Constitution of India. The court analyzed the legal framework and concluded that the refusal of LSR/NOC by the respondent No.2 was not justified and directed the respondent to grant the requisite LSR/NOC to the petitioner.
Fact of the Case:
The petitioner sought writs to set aside the rejection of applications for NOC/Land Status Report and to direct the registration of sale deeds for the subject land. The petitioner claimed that the bhumidhari rights were unconditionally transferred to individuals, who further transferred the ownership to the petitioner's brother. A civil suit resulted in a compromise decree declaring the petitioner as the owner of the land. The petitioner's applications for LSR/NOC were rejected, leading to the present petition.
Finding of the Court:
The court found that the objections raised by the respondent No.2 were not legally tenable and that the refusal of LSR/NOC was unjustified. The court also held that the objections under the Land Restriction Act were not applicable to the subject lands. The court directed the respondent No.2 to grant the requisite LSR/NOC to the petitioner within 2 weeks.
Issues: The issues included the refusal of LSR/NOC by the respondent No.2, the objections raised under the Land Restriction Act, and the availability of an alternate remedy for the petitioner.
Ratio Decidendi: The court's decision was based on the analysis of the provisions of the Delhi Land Reforms Act, 1954, and the Land Restriction Act. The court concluded that the objections raised were not legally tenable and directed the respondent to grant the requisite LSR/NOC to the petitioner.
Final Decision: The petition was disposed of with no order as to costs, and the respondent No.2 was directed to grant the requisite LSR/NOC to the petitioner within 2 weeks.
JUDGMENT
Tushar Rao Gedela, J. - [The proceeding has been conducted through Hybrid mode] - The present petition has been filed under Article 226 of the Constitution of India, 1950, inter alia, seeking the following reliefs:-
"(a) Issue writ, direction, order in the nature of certiorari thereby setting aside the Respondent No.2's decision dated 06.04.2023 of rejecting the Applications bearing No. 90580000006341 and 90580000006398 dated 24.11.2022 and 30.11.2022 respectively, for grant of NOC/ Land Status Report in respect of Subject Land;
(b) Issue a writ, direction, order in the nature of mandamus thereby directing Respondent No.4 to register the Sale Deed(s) of the Subject Land in favour of the Petitioner in view of deemed grant of NOC/ Land Status Report under Section 5(5) of Delhi Lands (Restrictions on Transfer) Act, 1972. Issue a writ, direction, order in the nature of mandamus thereby directing Respondent No. 2 and Respondent No. 3 to grant Land Status Report/ NOC on the Applications bearing No. 90580000006341 dated 24.11.2022 and No. 90580000006398 dated 30.11.2022 for transfer of the Subject Land in favour of Petitioner;
(c) Issue any other appropriate writ, direction or order as this Hon'ble Court deems fit and proper in the facts and circumstances of the case and to enable the registration of sale deeds in favour of the Petitioner"
2. The case of the petitioner shorn of unnecessary details is as under:-
2.1. 32 Asamis of Village Dera Mandi were granted bhumidhari rights (Ownership rights) by virtue of the order dated 24.06.1985 by the Revenue Assistant, Patiala House Courts, New Delhi, under the provision of Section 74(4) of the Delhi Land Reforms Act, 1954 (hereinafter referred to as "DLR Act"). The said order as per the petitioner did not contain any restriction or any condition in regard to transferability of the lands.
2.2. As per the petitioner, out of the aforesaid 32 bhumidhars, each of such six individuals executed three sale deeds transferring the ownership of their respective portions of land in favour of one Mr. Vinod Luthra, the brother of the petitioner by way of separate sale deeds on 05.03.1987, 12.03.1987 and 20.03.1987. It is claimed by the petitioner that the said sale deeds were registered after requisite NOC/ permission was obtained from the authorities under the DLR Act. Likewise, a few more bhumidhars had also transferred the bhumidhari rights accruing to them under the order dated 24.06.1985 to Mr. Vinod Luthra.
2.3. The petitioner claims that Mr. Vinod Luthra further sold these lands by sale deeds dated 08.09.1998 through his Power of Attorney holder in favour of one M/s. Krishna Estate, Mr. Shalabh Nigam, Ms. Renu Nigam and Mr. Arun Kumar Saxena without the knowledge and consent of the petitioner. Aggrieved by such sale, the petitioner filed a civil suit bearing CS No. 51276/2016 (new number) on 25.02.2011 seeking declaration and cancellation of the sale deeds dated 08.09.1998 executed by Mr. Vinod Luthra.
2.4. While the suit was pending adjudication, the notification under Section 507(a) of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as "DMC Act") was issued on 20.11.2019 urbanizing the entire lands pertaining to Village Dera Mandi. A circular bearing F.No.107/SDM-III(HQ)/LAND/2020/087592900/583 was issued on 04.02.2020 by the SDM notifying that in respect of land allotted under Section 74(4) of DLR Act, no sale transactions would be allowed in violation of the terms and conditions of allotment.
2.5. It is stated by the petitioner that in respect of another parcel of land pertaining to Village Dera Mandi ad-measuring 51 bigha and 2 biswa belonging to the petitioner, a Land Status Report/ NOC (in short "LSR/NOC") was issued by the Revenue Authorities on 27.05.2022 for purposes of further sale. The petitioner states that a reference was made before the District Magistrate (South) New Delhi, seeking cancellation of the LSR/NOC issued in respect of the land admeasuring 51 bigha 2 bi
Subsequent land purchasers cannot challenge government acquisition notifications and transfers made without proper permissions are considered void.
The central legal point established in the judgment is the entitlement of an asami to be recorded as bhumidhar with transferable right if the land is not covered under Section 77 of the U.P. Revenue ....
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....
Bhumidars have transfer rights under the Delhi Land Reforms Act, and objections to NOC requests must be legally substantiated, failing which the request must be granted.
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....
The main legal point established in the judgment is that a challenge to a Bhumidhari Certificate filed 50 years later was grossly barred by delay and laches, and that the Appellant, who was not in ph....
Deeming provision under Section 122-B(4-F) confers bhumidhar rights on eligible Scheduled Caste landless labourers; ex-parte recalls invalid; no revision against such orders or restorations thereof.
The judgment establishes the importance of considering the rights and protections provided to agricultural laborers belonging to Scheduled Castes and Scheduled Tribes under Section 122-B(4-F) of the ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
