Delhi High Court - Orders
Smt. Kanta Labroo vs Govt. Of Nct Of Delhi on 13 December, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9983/2019
SMT. KANTA LABROO ..... Petitioner
Through: Mr. Vishal Maan and Mr. Kartik
Dabas, Advocates.
versus
GOVT. OF NCT OF DELHI ..... Respondent
Through: Mr. Parth Goyal, Advocate for Mr.
Jawahar Raja, ASC (C) for GNCTD.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 13.12.2023 Mr. Vishal Maan, learned counsel appearing for the petitioner submits that no counter-affidavit has been filed by the respondent till date.
2. Mr. Parth Goyal, learned counsel appearing on behalf of Mr. Jawahar Raja, learned Additional Standing Counsel for the respondent submits that considering the issue involved is purely legal, they do not wish to file counter-affidavit in the matter. Counsel further submits that the court may pass appropriate orders in light of the fact that the impugned order was made on 18/19.06.2019, though Village :
Chhawla stood urbanised vide notification dated 16.05.2017 issued under section 507 (a) of the Delhi Municipal Corporation Act, 1957 ('DMC Act').
3. As averred in the petition, the petitioner claims to be the owner in possession of the land comprised in Khasra Nos. 61//18(3-14), 19(4- W.P.(C) 9983/2019 Page 1 of 3 This is a digitally signed order.
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 19/12/2023 at 22:56:10
16), 22(5-6) situate in the revenue estate of Village : Chhawla, Delhi, in respect whereof proceedings were initiated under section 81 of the Delhi Land Reforms Act 1954 ('DLR Act'), which has culminated in the passing of impugned order dated 18/19.06.2019 passed by the Collector, (South West) ('Collector'), whereby the subject land has been vested in the Gaon Sabha and the respondent stands ejected therefrom.
4. Mr. Maan submits that there is no dispute that Village : Chhawla stood urbanised vide notification dated 16.05.2017 and the impugned order has come to be passed well after that date.
5. Mr. Maan points-out that the law laid down by the Supreme Court in Mohinder Singh (Dead) Through LRs and Another vs. Narain Singh and Others,1 is clear and applies on all fours to the petitioners. Counsel draws attention to para 36 of that judgment, which reads as under :
"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)
6. Counsel for the respondent submits however that, on point of fact, the petitioner is guilty of breach of section 81 of the DLR Act since she has put the land to non-agricultural use.
12023 SCC OnLine SC 261 W.P.(C) 9983/2019 Page 2 of 3 This is a digitally signed order.
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 19/12/2023 at 22:56:10
7. Be that as it may, insofar as the prayer in the present petition is concerned, there is no cavil that Village : Chhawla stood urbanised vide notification dated 16.05.2017 issued under section 507(a) of the DMC Act; and in view of the verdict of the Supreme Court in Mohinder Singh (supra), once a notification is published urbanising the village, the provisions of the DLR Act cease to apply and all proceedings pending before the revenue officials are rendered non-est and of no legal significance.
8. In view of the above, the Collector could never have passed impugned order dated 18/19.06.2019, since as on the date of that order he had no jurisdiction over the subject land.
9. In view of the above, the petition is allowed, thereby quashing order dated 18/19.06.2019 passed by the Collector, South West in Appeal No. 31/2009 titled Gaon Sabha Chhawla vs. Kanta Labru.
10. Pending applications, if any, also stand disposed-of.
ANUP JAIRAM BHAMBHANI, J DECEMBER 13, 2023/uj W.P.(C) 9983/2019 Page 3 of 3 This is a digitally signed order.
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 19/12/2023 at 22:56:11