Delhi High Court - Orders
Smt. Shweta Agarwal & Anr vs Government Of Nct Of Delhi & Anr on 22 May, 2023
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6961/2023 & CM APPLs. 27123/2023, 27124/2023
SMT. SHWETA AGARWAL & ANR. ..... Petitioners
Through: Mr. Rohan Yadav, Adv.
(M:9811546760).
versus
GOVERNMENT OF NCT OF DELHI & ANR.
..... Respondents
Through: Mr. Prashant Manchanda, ASC
for R-1 and 2 with Ms. Nancy
Shah,
Adv.(M:9971879203,Email:pra
[email protected]
m)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 22.05.2023 [Physical Hearing/ Hybrid Hearing] CM APPL. 27124/2023 (Application for exemption from filing certified and typed copies of annexures)
1. Allowed, subject to just exceptions.
2. Application is disposed of.
W.P.(C) 6961/2023 & CM APPL. 27123/2023
3. By way of the present writ petition, the petitioners are seeking quashing of the proceedings under Section 81 of the Delhi Land Reforms Act, 1954 (DLR Act) qua the land of the petitioners bearing Mustatil No.58 Killa Nos. 21/2 min(0-7), 21/1 min(0-06), 22/2 min(3-
02), measuring 4 Bighas and 16 Biswas, situated in village Jonapur. It is submitted that the proceedings under DLR Act are vitiated, being a nullity after village Jonapur was declared as Low Density Residential This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 21:12:18 Area in urban extension vide notification dated 18.06.2013, issued by Ministry of Urban Development, (Delhi Division), making modifications in the Master Plan of Delhi (MPD), 2021.
4. It is submitted that proceedings under Section 81 of the DLR Act were initiated in respect of the land of the petitioners on the basis of Halqa Patwari Report dated 15.11.2017. Even though petitioners are the recorded Bhoomidars of land, no notice was issued to them. Without ascertaining whether the service of the notices has been effected on the petitioners, a conditional order dated 20.12.2017/29.12.2017 was passed by ld. Revenue Assistant (RA). Subsequently, the conditional order was made absolute vide judgment dated 01.04.2018, vesting the land in question to Gaon Sabha.
5. It is submitted that the proceedings under Section 81 of DLR Act were initiated after the Notification dated 18.06.2013 issued by Ministry of Urban Development (Delhi Division) declaring the village in question as Low Density Residential Area. Thus, it is submitted that the said proceedings are liable to be quashed being non-est and a nullity.
6. Issue notice, notice is accepted by the learned counsel appearing for the respondent, who seeks time to file reply. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks.
7. In the meanwhile, considering the submissions made before this Court, the conditional order dated 20.12.2017 passed by the Learned Revenue Assistant, Mehrauli, New Delhi in case No. 18359/689/RA/MEH/2017/5558, titled as "Gaon Sabha, Jonapur Vs. This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 21:12:18 Shweta Agarwal & Another" and the final order in the form of judgment dated 11.04.2018 in case No. 18359/689/RA/MEH/2017/37- 41, titled as "Gaon Sabha, Jonapur Vs. Shweta Agarwal & Another"
shall remain stayed during the pendency of the present petition.
8. List on 22.09.2023.
MINI PUSHKARNA, J MAY 22, 2023 sc This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/09/2023 at 21:12:19