Mahender Singh v. Govt. of NCT of Delhi and Anr

MINI PUSHKARNA, J. (ORAL): CM APPL. 28027/2023 (Application on behalf of the petitioner under Section 151 CPC seeking exemption from filing original documents, certified copies and/or typed copies of dim documents/annexures)

¶1Allowed, subject to just exceptions.

¶2Application is disposed of. W.P.(C) 7209/2023 & CM APPL. 28026/2023 (Application for stay under Section 151 CPC)

¶3The present writ petition has been filed with prayer for restraining the respondent no. 1 from proceeding further in the proceedings pending under Section 185 of the Delhi Land Reforms Act, 1954 (DLR Act) in Case bearing no. 114/DCW/2007, titled as Gaon Sabha, Nangloi Jat Vs Hardev Singh & Ors.

¶4It is submitted that the said proceedings are pending with respect to the petitioner's land comprised in Khasra Nos. 56/7 (1-19). 8 (3-15) and 14 (2-10) situated in Village Nangloi Jat, New Delhi.

¶5It is the submission on behalf of the petitioner that the impugned proceedings are totally illegal, unlawful, null and void and non-est. It is submitted that the said proceedings cannot be continued or proceeded any further, in as much as the entire Village Nangloi Jat, wherein the land in question is situated, has already stood urbanized by issuance of notification dated 16.05.2017 under Section 507A of the Delhi Municipal Corporation Act, 1957 (DMC Act). It is submitted that the land was urbanised during the pendency of the proceedings before the Appellate Court.

¶6It is further submitted that till date neither there is any final order passed in the impugned appellate proceedings, nor there is vesting of the land in question in the Gaon Sabha in proceedings under Section 81 of the DLR Act. It is submitted that the land in question is private land of the petitioner. Therefore, it is contended that after urbanisation of the area in question, the proceedings under the DLR Act cannot continue any further.

¶7Issue notice.

¶8Notice is accepted by Ms. Mehak Nakra, Additional standing counsel, who is also appearing in the next matter, with similar prayer.

¶9With the consent of the parties, the matter is taken up for final disposal.

¶10The law with respect to continuation of the proceedings qua any land under the DLR Act after urbanisation of the area in question,

where the land is situated, has been settled by the Hon'ble Supreme Court in its judgment dated 14.03.2023 in Civil Appeal No. 3828/2017, titled as Mohinder Singh (dead) through LRs and Another Vs Narain Singh and Others. By way of the said judgment, there is a clear finding by the Hon'ble Supreme Court that once an area has been urbanised, proceedings under the DLR Act cannot continue any further.

¶11Hon'ble Supreme Court in the aforesaid judgment has affirmed the judgment in the case of Smt. Indu Khorana Vs Gram Sabha & Ors., 2010 SCC OnLine Del 1334, wherein it has been categorically held by the Division Bench of this Court that after urbanisation of an area in question, the provisions of DLR Act cease to apply to such areas.

¶12Considering the aforesaid position of law, it is clear that no proceedings under the DLR Act can continue after urbanisation of the land in question.

¶13Accordingly, the proceedings pending under Section 185 of the DLR Act bearing 114/DCW/2007, titled as Gaon Sabha, Nangloi Jat Vs Hardev Singh & Ors., are hereby quashed.

¶14However, the Gaon Sabha is at liberty to initiate proceedings in a Civil Court of competent jurisdiction, in order to secure its rights, if so advised, and if available in law.

¶15With the aforesaid directions, the present writ petition is disposed of.

MINI PUSHKARNA, J MAY 24, 2023/c

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 24th May, 2023 + W.P.(C) 7209/2023 & CM APPLs. 28026/2023 & 28027/2023 MAHENDER SINGH ..... Petitioner Through: Ms. Smita Maan with Mr. Jatin Chillar, Advocates. (M): 9818713233 Email: smitamaan@gmail.com versus GOVT. OF NCT OF DELHI AND ANR. ..... Respondents Through: Ms. Mehak Nakra, ASC (Civil), GNCTD with Mr. Abhishek Khari, Advocates. (M): 9871144582 CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA [Physical Hearing/ Hybrid Hearing]