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TUSHAR RAO GEDELA
Karan Luthra – Appellant
Versus
Govt. of NCT of Delhi Through Its Secretary – Respondent
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
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 ....
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