Satyavir Singh And Anr vs Govt. Ofnct Of Delhi And Anr on 21 November, 2023

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Delhi High Court - Orders

Satyavir Singh And Anr vs Govt. Ofnct Of Delhi And Anr on 21 November, 2023

Bench: Anup Jairam Bhambhani

                                    $~40

                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           W.P.(C) 15049/2023
                                                SATYAVIR SINGH AND ANR                              ..... Petitioners
                                                                 Through: Ms. Smita Maan, Mr. Vishal Maan,
                                                                            Mr. Kartik Dabas and Mr. Jayant
                                                                            Tewathia, Advocates.
                                                                 versus
                                                GOVT. OFNCT OF DELHI AND ANR                     ..... Respondents
                                                                 Through: Ms. Mehak Nakra, ASC (Civil) for
                                                                            GNCTD with Mr. Abhishek and Ms.
                                                                            Disha Choudhary, Advocates.
                                                CORAM:
                                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                                 ORDER

% 21.11.2023 CM APPL.60120/2023 (Exemption) Exemption allowed, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.

W.P.(C) 15049/2023 and CM APPL. 60119/2023 (Stay) By way of the present petition filed under Article 226 of the Constitution of India, the petitioners, who are the recorded co-owners of land comprised in Khasra No. 264 ad-measuring about 6 bigha and 7 biswa situate in Village : Saidulajaib, New Delhi, seek quashing of further proceedings in Case No. 3/2020 titled Gaon Sabha Saidulajaib vs. Mangal Singh & Ors. filed under section 185 of the Delhi Land Reforms Act, 1954 ('DLR Act'), pending before the Deputy Commissioner (South), Saket, New Delhi ('Deputy Commissioner').

This is a digitally signed order. W.P.(C) 15049/2023 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 24/11/2023 at 00:25:26

2. Ms. Smita Maan, learned counsel appearing for the petitioners submits that vide order dated 13.08.2019, the Revenue Assistant/Sub- Divisional Magistrate (Saket) ('SDM') had dropped the proceedings initiated under section 81 of the DLR Act in respect of the subject land, as being time-barred.

3. Ms. Maan submits that the Gaon Sabha carried an appeal from the SDM's order before the Deputy Commissioner, which proceedings are still pending (though without much progress) and are impugned by way of the present petition.

4. Ms. Maan however points-out that in the meantime, vide notification dated 20.11.2019 issued under section 507(a) of the Delhi Municipal Corporation Act 1957 ('DMC Act'), Village : Saidullajab stands urbanised vide entry at serial No. 34 of the said notification; whereupon, in light of the verdict of the Supreme Court in Mohinder Singh (Dead) Through LRs and Another vs. Narain Singh and Other1, all pending proceedings before the revenue officials under the DLR Act are rendered non-est and of no legal significance. Counsel submits that accordingly, the Deputy Commissioner has no jurisdiction to proceed with the matter any longer and the proceedings are required to be quashed.

5. Issue notice.

6. Ms. Mehak Nakra, learned ASC (Civil) appears on behalf of the respondents on advance copy; accepts notice; and submits that 1 2023 SCC OnLine SC 261 This is a digitally signed order. W.P.(C) 15049/2023 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 24/11/2023 at 00:25:26 admittedly no further proceedings are presently being carried-on by the Deputy Commissioner in the appeal.

7. On being queried, Ms. Nakra submits though, that the proceedings have not been closed by the Deputy Commissioner as of now. Counsel fairly says, that of course, there cannot be any cavil with the proposition laid down by the Supreme Court in Mohinder Singh (supra); and leaves it to the court to pass appropriate orders in the matter.

8. In the circumstances, there appears to be no doubt that in view of the urbanisation of Village : Saidulajaib vide notification dated 20.11.2019 issued under section 507(a) of the DMC Act and in light of the verdict of the Supreme Court in Mohinder Singh (supra), the Deputy Commissioner cannot go further with the proceedings and there is also no justification for the appeal to remain pending against order dated 13.08.2019 passed by the SDM.

9. In the circumstances, the present petition is allowed.

10. The proceedings pending before the Deputy Commissioner in Case No. 3/2020 titled Gaon Sabha Saidulajaib vs. Mangal Singh & Ors. filed under section 185 of the DLR Act in respect of land comprised in Khasra No. 264 ad-measuring about 6 bigha and 7 biswa situate in Village : Saidulajaib, New Delhi, are quashed.

11. The writ petition is disposed-of.

12. Pending applications, if any, also stand disposed-of.

ANUP JAIRAM BHAMBHANI, J NOVEMBER 21, 2023/uj This is a digitally signed order. W.P.(C) 15049/2023 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 24/11/2023 at 00:25:27

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Delhi High Court - Orders