A P Sood vs The Government Of Nct Of Delhi & Ors on 3 November, 2022

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Delhi High Court - Orders

A P Sood vs The Government Of Nct Of Delhi & Ors on 3 November, 2022

Bench: Chandra Dhari Singh

                 $~10
                 *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                 +    W.P.(C) 10598/2019 & CM APPL. 43818/2019
                          A P SOOD                                             ..... Petitioner
                                            Through:     Mr. Varun Goswami and Mr. Rajesh
                                                         Singh, Advocates
                                            versus
                          THE GOVERNMENT OF NCT OF DELHI & ORS ..... Respondents
                                            Through:     Mr. Anupam Srivastava, ASC for
                                                         GNCTD with Mr. Ujjwal Malhotra
                                                         and Ms. Sarita Pandey, Advocates for
                                                         R-1 and 3
                                                         Mr. Rajesh Kumar and Mr. Puneet
                                                         Yadav, Advocates for R-2/UOI
                          CORAM:
                          HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                            ORDER

% 03.11.2022

1. By way of instant writ petition under Article 226 of the Constitution of India, the petitioner seeks the following reliefs:-

"a) Issue a writ of Mandamus or any other writ, order or direction of like nature whereby directing the respondents, specially respondents no. 1 & 3 to follow the dictum of this Hon'ble Court as laid down in the matter of WP (C) 4143/2003 titled as ''Smt. Indu Khorana Vs. Gram Sabha & Ors" and to further comply with the Delhi Gazette notification dated 16.05.2017 issued under the provisions of Section 507 (a) of the Delhi Municipal Corporation Act, 1957, by Department of Urban Development, Govt. of NCT of Delhi, whereby the land situated in the Village Alipur are declared urbanized and thus fall beyond the purview of the provisions of Delhi Land Reforms Act, 1954.

b) Issue a writ of Prohibition or any other writ, order or Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:04.11.2022 17:41:57 direction of like nature whereby prohibiting the respondents, specially respondents no. 1 & 3 to not to initiate any proceedings against the petitioners qua their subject lands under the provisions of Delhi Land Reforms Act, 1954; as the said provisions stand ousted in terms of the notification dated 16.05.2017 issued by Department of Urban Development, Govt. of NCT of Delhi.

c) Issue a writ of Mandamus or any other writ, order or direction of like nature whereby the respondents no. 1 & 2 be directed to issue necessary order by way of circulars/memorandums to all the concerned revenue authorities with the state of Delhi to not to initiate proceedings invoking the provisions of Delhi Land Reforms Act, 1954, in respect of the lands that have been declared urbanized and thus have cease to fall within the jurisdiction of the revenue authorities..."

2. Mr. Srivastava, learned counsel appearing on behalf of respondents no 1 and 3 vehemently submitted that impugned notice dated 10 th July, 2019, appended as Annexure- K to the petition, was issued by the respondent no. 3-the Revenue Assistant/SDM in the capacity of the Chairman of the Special Task Force (hereinafter "STF") constituted under the order of the Lieutenant Governor.

3. At this stage, learned counsel appearing on behalf of the petitioner seeks an innocuous prayer to approach the respondent no. 3-the Revenue Assistant/SDM for expeditious disposal of his case. For this purpose, learned counsel appearing on behalf of petitioners prays that the petitioner may be allowed to file a detailed representation before the respondent no. 3- the Revenue Assistant/SDM (Chairman of STF). It is also prayed that direction may be given to the respondents not to take any coercive steps against the petitioner in terms of the impugned notice dated 10th July, 2019.

Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:04.11.2022 17:41:57

4. Heard learned counsel for the parties and perused the record.

5. After perusal of the record, submissions made by learned counsel for the respondents no. 1 and 3 that the impugned notice dated 10th July, 2019 was issued by the respondent no. 3-the Revenue Assistant/SDM in the capacity of the Chairman of the STF constituted under the order of the Lieutenant Governor as well as the innocuous prayer made on behalf of the petitioner, this Court is inclined to allow the prayer of the petitioner.

6. The petitioner is directed to file a detailed representation alongwith certified copy of this order before the Chairman of the STF (the Revenue Assistant/SDM, Alipur) within four weeks from today. After receiving the said representation, the Chairman of the STF (the Revenue Assistant/SDM, Alipur) is directed to give an opportunity of hearing to the petitioner and thereafter pass a speaking order in accordance with law, expeditiously, preferably within six months.

7. Both the parties shall maintain status quo regarding the land in question till the disposal of the said representation. Also, no coercive steps shall be taken against the petitioner till the disposal of the said representation. It is also directed that the petitioner shall withdraw entire proceedings pending before the Financial Commissioner qua the impugned notice dated 10th July, 2019 within two weeks from today.

8. With the aforesaid directions, the petition alongwith pending application stand disposed of.

CHANDRA DHARI SINGH, J NOVEMBER 3, 2022 Dy/ms Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:04.11.2022 17:41:57

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Delhi High Court - Orders