Delhi High Court - Orders
Sh. Vijay Pal & Ors vs Govt. Of Nct Of Delhi & Anr on 1 December, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 15447/2023
SH. VIJAY PAL & ORS. ..... Petitioners
Through: Mr. V. P. Rana, Advocate.
versus
GOVT. OF NCT OF DELHI & ANR. ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 01.12.2023 W.P.(C) 15447/2023 and CM APPL. 61922/2023 By way of the present petition filed under Article 226 of the Constitution of India, the petitioners, who claim to be bhumidars in possession of land comprised in Khasra Nos. 106/1 min (0-13) and 106/2(3-16) situate in Village : Ghitorni, New Delhi, make following prayers :
"(a) pass a writ of certiorari and any other writ or direction thereby quashing and setting aside the order dated 10.08.2023 passed by Financial Commissioner in Case No.200/2021 titled as Vijay Pal & Ors. Vs. Gaon Sabha (Ghitorni) and remand the matter to the Financial Commissioner for deciding the revision petition in accordance with law;
"(b) ALTERNATIVELY, IT IS PRAYED THAT by exercising the powers under Article 226 of the Constitution of India, 1950 issue writ of certiorari and any other writ or direction thereby quashing and setting aside the order 16.07.2018 passed by Revenue Assistant in case No.36/RA/2015;"
(bold in original)
2. Mr. V. P. Rana, learned counsel appearing for the petitioners submits that order dated 02.04.2018 was made by the RA/SDM (Vasant Vihar) ('SDM') in proceedings initiated under section 81 of the Delhi Land This is a digitally signed order. W.P.(C) 15447/2023 Page 1 of 5 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 05/12/2023 at 00:10:50 Reforms Act 1954, ('DLR Act'), being in the nature of a conditional order, directing the petitioners to remove the violation alleged to be existing on the subject land resulting in the land being put to non- agricultural use, failing which a final order would be made vesting the land in the Gaon Sabha, and the petitioner would be ejected therefrom.
3. It is submitted that subsequent to that, a final order dated 16.07.2018 was made, recording that the subject land continues to be used for non- agricultural activities and that the super-structure of houses, godown, car parking are still existing over the entire land in question, which are not covered within the definition of "improvement" under section 3(12) of the DLR Act; and that therefore, the subject land is vested in the Gaon Sabha and the respondents stand ejected therefrom.
4. Mr. Rana draws attention to section 3(12) of the DLR Act, as read with sections 22 and 81 thereof, to submit that a bhumidar is entitled to put agricultural land to use not only for agricultural purposes but also for animal husbandry, pisciculture and poultry farming; and that a dwelling house erected for such purpose is expressly included within the definition of "improvement" under section 3(12) of the DLR Act. Counsel submits that the SDM has clearly erred in failing to consider and appreciate this point.
5. Mr. Rana further submits, that as evidenced by report dated 20.01.2016, insofar as Khasra No. 106/1 is concerned the construction thereon, viz. a makan, was removed by the MCD; and insofar as Khasra No. 106/2 is concerned, 05 biswa was under cultivation and there was a char diwari, viz. a boundary wall, and the land within that was lying This is a digitally signed order. W.P.(C) 15447/2023 Page 2 of 5 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 05/12/2023 at 00:10:50 vacant. A copy of report dated 20.01.2016 is appended as Annexure P- 6 to the petition.
6. It is accordingly argued, that on the date when the final order was passed by the SDM, the alleged violations under section 81 of the DLR Act already stood removed and remedied.
7. Learned counsel submits that order dated 16.07.2018 made by the SDM was impugned by the petitioners by way of an appeal before the Additional Collector; which appeal has however been dismissed vide order dated 22.11.2021.
8. It is submitted that thereafter the petitioners moved a revision petition before the learned Financial Commissioner, who has been pleased to dismiss the revision petition vide order dated 10.08.2023 on the ground that since Village : Ghitorni stands urbanised vide notification dated 20.11.2019 issued under section 507(a) of the Delhi Municipal Corporation Act 1957 ('DMC Act'), he no longer has jurisdiction over the subject land, in view of the verdict of the Supreme Court in Mohinder Singh (Dead) Through LRs and Another vs. Narain Singh and Others 1 , which has held that upon urbanisation all pending proceedings under the DLR Act become non-est and lose their legal significance.
9. Mr. Rana argues however, that the ruling in Mohinder Singh (supra) turns on the fact of that case; and is not a general authority on the point that all and every proceeding pending before a revenue official is rendered non-est. In the present case, he argues, that since the 1 2023 SCC OnLine SC 261 This is a digitally signed order. W.P.(C) 15447/2023 Page 3 of 5 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 05/12/2023 at 00:10:51 proceedings under section 81 of the DLR Act commenced sometime in 2015 i.e., prior to notification dated 20.11.2019 issued under section 507(a) of the DMC Act, those proceedings are required to be decided under the provisions of the DLR Act. It is in this background that prayer (a), as extracted above, has been made.
10. In the alternative Mr. Rana argues, that in any case, since there are no disputed questions of fact in the present matter, the petitioners are entitled to impugn order dated 16.07.2018 made by the SDM as well as 22.11.2021 made by the Additional Collector before this court under Article 226 of the Constitution of India.
11. Upon a consideration of the matter, this court notices that the ruling of the Supreme Court in Mohinder Singh (supra) is clear and unambiguous, inasmuch as it holds as follows in para 36:
"36. After harmonizing the provisions of the Act, 1954 and Act 1957, we are of the considered view that once a notification has been published in exercise of power under Section 507(a) of the Act, 1957, the provisions of the Act, 1954 cease to apply. In sequel thereto, the proceedings pending under the Act, 1954 become non est and loses its legal significance."
(emphasis supplied)
12. In view thereof, in the opinion of this court, prayer (a) is not maintainable; and is accordingly rejected.
13. However, upon a prima-facie view of the matter, issue notice limited to prayer (b) of the petition.
14. Upon the petitioner taking requisite steps, let notice be sent to the respondents by all permissible modes, returnable for the next date.
This is a digitally signed order. W.P.(C) 15447/2023 Page 4 of 5The 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 05/12/2023 at 00:10:51
15. Let the notice indicate that counter-affidavits be filed within 06 weeks of service; rejoinders thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.
16. Re-notify on 15th April 2024.
17. In view of the above discussion, the effect and operation of order dated 16.07.2018 made by the SDM and order dated 22.11.2021 made by the Additional Collector, shall remain stayed, till the next date of hearing.
ANUP JAIRAM BHAMBHANI, J DECEMBER 1, 2023 ds This is a digitally signed order. W.P.(C) 15447/2023 Page 5 of 5 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 05/12/2023 at 00:10:51