Neutral Citation Number: 2023:DHC:2430

W.P.(C) 3502/2022

Page 1 of 19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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+

W.P.(C) 3502/2022 & CM APPL. 10324/2022

RAJEEV SHAH (DECEASED) THROUGH LR MS.

GAYATRI SHAH

..... Petitioner

Through:

Mr. Rajesh Yadav, Sr. Adv.

with Ms. Ruchira V. Arora,

Advocate (M:9810322797)

versus

GOVERNMENT OF NCT OF DELHI

& ORS.

..... Respondents

Through:

Mr. Anupam Srivastava, ASC

for GNCTD with Mr. Dhairya

Gupta, Ms. Sarita Pandey, Mr.

Vasuh

Misra,

Mr.

Ujjwal

Malhotra, Advocates for R-1

and 2 (M:9811128170)

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

J U D G M E N T

10.04.2023

MINI PUSHKARNA, J.

1.

The present writ petition has been filed by the petitioner raising

the plea that the proceeding in appeal bearing no. 70/2010, GS

Rajokri Vs Rajiv Shah (deceased) through LRs, filed by the

respondent no. 2 Gaon Sabha, Rajokri under Section 185 of the Delhi

Land Reforms Act, 1954 (DLR Act) against the order/judgment dated

26.05.2010 passed by the learned Sub Divisional Magistrate

(SDM)/Revenue Assistant (RA), cannot continue in view of

declaration of Village Rajokri, wherein the land in question is situated,

Digitally Signed By:PURAN

SINGH TARIYAL

Signing Date:10.04.2023

20:13:40

Signature Not Verified

Neutral Citation Number: 2023:DHC:2430

W.P.(C) 3502/2022

Page 2 of 19

as a Low Density Residential Area (LDRA) in urban extension.

2.

Proceedings under Section 81 of the DLR Act were initiated in

respect of the land of the petitioner and respondent no. 3, bearing

khasra nos. 549/1 Min (0-9), 548 Min (0-3/2), 553 Min (3-0) and

558/1 Min (0-12), situated in Village Rajokri, Tehsil Vasant Vihar,

New Delhi. The proceedings were initiated on the basis of report of

the Halka Patwari dated 02.01.2009, wherein it was reported that a

boundary wall is being raised and construction material is lying in

huge quantity. Thus, notice dated 23.01.2009 was issued by the

learned SDM/RA to late Sh. Rajiv Shah, father of the petitioner and

respondent no. 3, stating that the agricultural land was being used for

non-agricultural purposes by way of constructing boundary wall.

3.

Subsequently, on the basis of reply dated 17.05.2010 filed by

late Sh. Rajiv Shah, the learned SDM/RA dropped the proceedings

under Section 81 of the DLR Act. An appeal under Section 185 of the

DLR Act, along with an application for condonation of delay in filing

the appeal, was filed by the respondent no. 2-Gaon Sabha before the

Learned Deputy Commissioner, South West, Kapashera, New Delhi

on 13.10.2010, which was subsequently transferred to the Court of

Additional Deputy Magistrate (ADM), Jam Nagar House, New Delhi.

4.

During the pendency of the appeal, father of the petitioner

expired. Subsequently, upon the death of her mother, petitioner herein

filed an application for substitution under Order 22 Rule 4 of Code of

Civil Procedure, 1908 (CPC) on the basis of will dated 09.08.2016 in

her favour, which was allowed by the learned Deputy Commissioner

vide order dated 09.11.2017.

Digitally Signed By:PURAN

SINGH TARIYAL

Signing Date:10.04.2023

20:13:40

Signature Not Verified

Neutral Citation Number: 2023:DHC:2430

W.P.(C) 3502/2022

Page 3 of 19

5.

By way of the present writ petition, the petitioner has

challenged the pendency of the appeal filed by respondent no. 2 before

the Learned ADM, New Delhi.

6.

On behalf of the petitioner, it is contended that the proceedings

pending in the appeal before learned ADM are bad in law for want of

jurisdiction, in view of the fact that the DLR Act does not apply to the

land in question any more after the notification dated 18.06.2013

issued by the Minis