Delhi High Court - Orders
M/S Sri Satyasainath Real Projects Pvt. ... vs Government Of Nct Of Delhi Another on 25 April, 2023
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5293/2023 & CM APPLs. 20627/2023 & 20628/2023
M/S SRI SATYASAINATH REAL PROJECTS PVT.
LTD. ..... Petitioner
Through: Mr. Rajesh Yadav, Senior
Advocate with Mr. S.S. Rana
and Mr. Anuroop, Advocates.
(M): 9582818838
Email: [email protected]
versus
GOVERNMENT OF NCT OF DELHI
ANOTHER ..... Respondents
Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 25.04.2023 [Physical Hearing/ Hybrid Hearing] CM APPL. 20628/2023 (Application under Section 151 CPC on behalf of the petitioner for exemption from filing dim annexures, certified copies and prescribed margins)
1. Allowed, subject to just exceptions.
2. Application is disposed of.
W.P.(C) 5293/2023 & CM APPL. 20627/2023 (Application under Section 151 CPC for stay/interim orders)
3. The present writ petition has been filed with prayer for quashing/setting aside the proceedings initiated under Section 81 of the Delhi Land Reforms Act, 1954 (DLR Act) and conditional order dated 10.03.2023 issued under section 81 of the DLR Act in respect of the land bearing Khasra Numbers 53//12 (4-16), 53/118 (4-9), 53//19/1 min (2-16), 53//22/2 min (2-16), 53//27 min (0-7), 56//2 (4- Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:28.04.2023 09:44:14
16), 56//3 (4-16), 56//8 min (4-10) and 56//9 min (3- 12) situated within the revenue estate of village Palla, Delhi vide case no. 2047/RA/ALP/2023, titled as Gaon Sabha Palla Vs M/s Shri Satya Sai Nath Real Project Pvt. Ltd.
4. Learned senior counsel appearing on behalf of the petitioner submits that the petitioner is the recorded owner and in physical possession of the aforesaid land in question. It is submitted that vide notification in the Official Gazette dated 18.06.2013, the lands of Village Palla, Delhi has been declared as part of Zonal Development Plan and land of Village Palla has been declared as part of Low Density Residential Plots (LDRP) in Master Plan of 2021. Thus, it is submitted that after the declaration of the area in question as Low Density Residential Plot, the proceedings under the DLR Act could not have been initiated against the land of the petitioners.
5. Attention of this Court has been drawn to Annexure-P5 which is notification dated 18.06.2013 issued by the Ministry of Urban Development (Delhi Division), wherein the name of Village Palla is part of the list of villages in green belt where Low Density Residential Plots are permitted.
6. Learned counsel appearing for the petitioner has further relied upon order dated 02.05.2023 passed by the Coordinate Bench of this Court in W.P. (C) 6902/2022, wherein in similar circumstances, where the proceedings under the DLR Act were initiated subsequent to the area in question being declared as Low Density Residential Area/Plots, proceedings under Section 81 of the DLR Act were set aside.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:28.04.2023 09:44:147. Thus, it is submitted that in the present case when the area has already been declared as Low Density Residential Area by way of notification dated 18.06.2013, initiation of proceedings under Section 81 of the DLR Act on 27.01.2023 or the conditional order passed by the respondents on 10.03.2023, are without any jurisdiction.
8. Issue notice to the respondents.
9. Reply be filed within two weeks. Rejoinder thereto, if any, be filed within 2 days thereafter.
10. Considering the submissions made before this Court, it is directed that the operation of the conditional order dated 10.03.2023 or any proceedings initiated under Section 81 of the DLR Act against the land of the petitioner, shall remain stayed till the next date of hearing.
11. List on 25.05.2023.
MINI PUSHKARNA, J APRIL 25, 2023 c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:28.04.2023 09:44:14