Delhi High Court - Orders
Anil Kumar Mohindru vs Gaon Sabha Samalkha & Anr on 13 October, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 13524/2023 & CM APPL. 53430/2023
ANIL KUMAR MOHINDRU ..... Petitioner
Through: Mr. Uday Kumar, Advocate.
versus
GAON SABHA SAMALKHA & ANR. ..... Respondents
Through: Mr. Anupam Srivastava, ASC with
Mr. Deepak Jain, Advocate for R2.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 13.10.2023 By way of the present petition filed under Article 226 of the Constitution of India, the petitioner, who claims to be the owner in possession of land comprised in Khasra Nos. 10/2 (1-0) & 10/3 (1-0) in Village : Samalkha, Delhi seeks a direction to respondent No.2/Deputy Commissioner (Revenue) to dispose-of an appeal bearing No. 40/2020 pending before the learned Deputy Commissioner,on the premise that Village : Samalkha stands urbanised vide notification dated 20.11.2019 issued under section 507(a) of the Delhi Municipal Corporation Act, 1957.
2. Mr. Uday Kumar, learned counsel appearing for the petitioner submits that the aforesaid proceedings have been going-on before the learned Deputy Commissioner and vide order dated 16.01.2023 the learned Deputy Commissioner has been pleased to reserve the matter for orders but has not pronounced any orders ever-since.
3. Counsel further submits that in view of the decision of the Supreme Court in Mohinder Singh (Dead) Through LRs and Another vs. This is a digitally signed order. W.P.(C) 13524/2023 Page 1 of 3 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 19/10/2023 at 20:47:35 Narain Singh and Others1, upon urbanisation of the land, all pending proceedings under the Delhi Land Reforms Act 1954 ('DLR Act'), become non-est and of no legal significance; and therefore, the proceedings ought to have been closed by the learned Deputy Commissioner.
4. The court is also informed that vide notification dated 25.09.2020 issued under section 22 of the Delhi Development Act 1957, the land has also been handed-over to the Delhi Development Authority.
5. Issue notice.
6. Mr. Anupam Srivastava, learned Additional Standing Counsel (Civil) is present on behalf of respondent No.2 on advance copy; accepts notice; and leaves it to the court to pass appropriate orders.
7. A plain reading of para 36 of Mohinder Singh (supra) makes it clear that upon publication of a notification under section 507(a) of the DMC Act, i.e. once the land is urbanised, the DLR Act ceases to apply :
"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)
8. In view of the above, and based on the verdict of the Supreme Court in Mohinder Singh (supra), in particular para 36 thereof, there remains no manner of doubt that the proceedings pending before the learned Deputy Commissioner cannot go-on; and accordingly, all proceedings 1 2023 SCC OnLine SC 261 This is a digitally signed order. W.P.(C) 13524/2023 Page 2 of 3 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 19/10/2023 at 20:47:35 vide appeal bearing No. 40/2020 pending before the learned Deputy Commissioner under section 185 of DLR Act, in respect of the subject land are closed and disposed-of.
9. Petition is allowed and disposed-of, in the above terms.
10. Pending applications, if any, also stand disposed-of.
ANUP JAIRAM BHAMBHANI, J OCTOBER 13, 2023 ds This is a digitally signed order. W.P.(C) 13524/2023 Page 3 of 3 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 19/10/2023 at 20:47:35