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DELHI HIGH COURT
SUNIL GAUR
R.S. Kalra – Appellant
Versus
Revenue Assistant/Sdm, Hauz Khas – Respondent
JUDGMENT
Sunil Kumar, J.
1. The question of law raised in the above captioned two petitions is of non-applicability of Delhi Land Reforms Act to urbanised village.
2. This question of law stands answered by Division Bench of this Court in W.P.(C) No.4143/2003, Smt. Indu Khorana vs. Gram Sabha & Ors. rendered on 26th March, 2010, in the following words:
"We thus hold that once rural areas is urbanized by issuance of notification under section 507(a) of the Delhi Municipal Corporation Act, 1957, provisions of Delhi Reforms Act will cease to apply."
3. Learned counsel for the respondents concedes the aforesaid legal position. Resultantly, impugned orders of 9th April, 2002 in W.P.(C) No.6768/2003 and of 10th October, 1991 in W.P.(C) No 7305/2003 in the above two captioned petitions holding to the contrary, thus cannot be sustained.
4. Accordingly, both these petitions are allowed while setting aside the impugned orders therein, with no order as to costs.
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.
Once a rural area is urbanised, the provisions of DLR Act cease to apply, and non-agricultural use of land is recognized.
Once an area has been urbanised, proceedings under the Delhi Land Reforms Act cannot continue any further.
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.
Once an area has been urbanized, provisions of the Delhi Land Reforms Act will not apply to such area, and the Civil Court will have jurisdiction in the urbanized area.
Once an area has been urbanised, the proceedings under the Delhi Land Reforms Act cannot continue any further.
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....
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 ....
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