Delhi High Court - Orders
Holistic Farms Pvt. Ltd vs Gaon Sabha Rajokri & Ors on 23 September, 2021
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 10778/2021 & CM. APPL. 33255/2021
HOLISTIC FARMS PVT. LTD ..... Petitioner
Through Mr. N.S. Dalal, Mr. Devesh Pratap
Singh and Mr. Alok Kumar,
Advocates (Through VC)
versus
GAON SABHA RAJOKRI & ORS. ..... Respondent
Through Mr. Anupam Srivastava, ASC with
Mr. Shikhar Goel, Advocate for R-1
to R-3 (Through VC)
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 23.09.2021
1. Issue notice. Notice is accepted by learned counsel appearing for respondents.
2. Learned counsel for the petitioner submits that the Division Bench of this Court in judgment dated 27.11.2012, LPA 591/2008 titled Narain Singh & Anr. Vs. Financial Commissioner & Ors. has specifically held that once a notification under Section 507 (a) of the Delhi Municipal Corporation Act, 1957 is issued, it urbanises the land and brings the same within the ambit of the DMC Act and the very purport of notification under Section 507 (a) of the DMC Act is to convert the land from agricultural to urban.
3. Per contra, learned counsel for respondents relies on the decision of a coordinate Bench of this Court dated 30.04.2020 in RSA Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU Signing Date:23.09.2021 Signing Date:23.09.2021 23:13:25 22:00 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
W.P.(C) 10778/2021 102/2012, titled DDA & Ors. Vs. Pushpa Lata and Ors. to contend that even if the land is urbanised, the proceedings under the Delhi Land Reforms Act would continue.
4. Learned counsel submits that on merits, the appellate authority may return a finding in favour of the petitioner, however, that would not denude the appellate authority of the right to entertain the appeal or the proceedings before the authority become non-est.
5. Learned counsel for the parties submits that since a pure question of law arises i.e., Whether proceedings, originally initiated under the Delhi Land Reforms Act, would continue after the issuance of a notification under Section 507 (a) of the Delhi Municipal Corporation Act?, no further pleadings are required and they would like to address arguments on the said question of law.
6. In view thereof, list on 21.01.2022. In the meantime, the parties shall brief note of submissions alongwith supporting judgments, if any.
7. In the meantime, the appellate authority may continue with the proceedings of the appeal. However, final order shall not be passed till the next date of hearing.
SANJEEV SACHDEVA, J
SEPTEMBER 23, 2021
NA
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU Signing Date:23.09.2021
Signing Date:23.09.2021 23:13:25 22:00
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
W.P.(C) 10778/2021 2