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, 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.

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 Ministry of Urban Development (Delhi Division) making modifications in Master Plan for Delhi-2021 (MPD 2021), in exercise of powers conferred by Sub-section 2 of Section 11A of The Delhi Development Act, 1957 (DD Act). It is submitted that as per said notification, villages containing existing farm houses cluster were notified as LDRA, which includes Village Rajokri. In view of the said notification Village Rajokri has become an urban village. Land use of the petitioner’s land has become residential and that it is not an agricultural land anymore.

7. It is further the case on behalf of the petitioner that there is neither any conditional order nor any ejectment order against the petitioner, rather the proceedings were dropped by the Ld. SDM. Thus, it is submitted that since the proceedings under Section 81 of the DLR Act are yet to attain finality and orders of eviction and vesting have not been made, the case of the petitioner will fall in “Case 2”, as detailed in the case of Sanvik Engineers Private India Limited & Another Vs Government of NCT of Delhi & Anr1. It is

1 2022 SCC OnLine Del 360

submitted that “2Case 2” as detailed in Sanvik Engineers (Supra) pertains to the cases where proceedings have merely reached the stage of initiation or only a conditional order has been passed, whe