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Mr. N.A. Makwana vs The Tehsildar, Mehrauli And Ors on 24 February, 2022

Author: Yashwant Varma

Bench: Yashwant Varma

                          $~19
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 1474/2021
                                 MR. N.A. MAKWANA                                  ..... Petitioner
                                              Through:           Mr. Ankit Jain, Adv.

                                                    versus

                                 THE TEHSILDAR, MEHRAULI AND ORS.        ..... Respondents
                                              Through: Ms. Shobhana Takiar, Adv. for R-1 to
                                                       3.
                                                       Mr. Ajjay Arorra, Adv. for SDMC.

                                 CORAM:
                                 HON'BLE MR. JUSTICE YASHWANT VARMA
                                         ORDER

                          %              24.02.2022
                                         [VIA VIDEO CONFERENCING]

The sole prayer which is addressed on the writ petition is for consequential action being taken by the respondents to update the concerned revenue records in accordance with the order of 4 December 2019. Undisputedly, an order vesting the land in favour of the Gram Sabha came to be passed in proceedings initiated under Section 81 of the Delhi Land Reforms Act, 1954. That order was ultimately recalled by the concerned Revenue Assistant on 4 December 2019. It has been noted in that order that the plot in question falling in Mehrauli Village formed part of a notification issued under Section 507 of the Delhi Municipal Corporation Act, 1957 in 1962 itself. It was in the aforesaid backdrop that the Revenue Assistant proceeded to hold that the vesting order passed on 19 August 1994 would not sustain.

It appears that in the course of consideration of the present writ petition, it was thought expedient to also implead the South Delhi Municipal Corporation since the land admittedly had come to be urbanised. Mr. Arorra, learned counsel appearing for the Corporation, apprises the Court that while the factum of urbanisation and the land consequently becoming subject to the provisions of the DMC Act is not disputed, the revenue records continue to remain in the control and administration of the revenue officials. Learned counsel on instructions states that ultimately the act of expunging the entry of the name of the Gaon Sabha would be one which would have to be performed by the revenue officials themselves. It is further contended that ultimately the Corporation as and when it is moved for mutation, proceeds on the basis of the revenue records and other material that an applicant may choose to present before it.

In view of the aforesaid, let Ms. Takiar, learned counsel appearing for respondent Nos. 1 to 3 take instructions and apprise the Court of the time frame within which requisite steps would be taken by the revenue officials bearing in mind the order of 4 December 2019.

List on 15.03.2022.

YASHWANT VARMA, J FEBRUARY 24, 2022 SU Signature Not Verified Digitally Signed By:BHAWNA Signing Date:25.02.2022 17:45:29