Indian Kanoon - Search engine for Indian Law

Delhi High Court - Orders

Sanraj Farms Private Limited vs Shri Charan Singh & Another on 9 May, 2022

Author: Sanjeev Narula

Bench: Sanjeev Narula

                          $~61
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(OS) 165/2018
                                SANRAJ FARMS PRIVATE LIMITED                             ..... Plaintiff
                                                   Through:     Mr. Rajesh Yadav, Senior Advocate
                                                                with Ms. Ruchira V. Arora and
                                                                Mr. Dhananjay Mehlawat, Advocates.

                                                   versus

                                SHRI CHARAN SINGH & ANOTHER                           ..... Defendants
                                                   Through:     Mr. Ripin Sood, Mr. Tushar Sannu
                                                                and Ms. Ritika Priya, Advocates.

                                CORAM:
                                HON'BLE MR. JUSTICE SANJEEV NARULA
                                                   ORDER

% 09.05.2022 I.A. 7059/2022 (u/ Section 151 of the Code of Civil Procedure, 1908 on behalf of Plaintiff seeking direction to the Sub-Divisional Magistrate, Vasant Vihar, New Delhi to send correct valuation of the suit property for drawing a final decree for partition, in terms of judgment dated 10th October, 2019)

1. For the purpose of drawing up the final decree, the valuation of the suit property is required to be done. According to the Applicant/ Plaintiff, the Sub-Divisional Magistrate, Vasant Vihar, New Delhi, who was directed to furnish the valuation report, has failed to do so. The suit property in question ceased to be an agricultural property and is no longer governed by the Delhi Land Reform Act, 1954 [hereinafter "DLR Act"]. Reliance is placed on the judgment of this Court in Sanvick Engineers India Pvt. Ltd.

v. Govt. of NCT of Delhi,1 wherein it has been held that once the DLR Act does not govern the land in question, the Delhi Municipal Corporation Act, 1957 [hereinafter "DMC Act"] and DDA Acts would applied to the said area.

2. Mr. Rajesh Yadav, Senior Counsel submits that the circle rates have to be applied in terms of Notification dated 22nd September, 2014 [titled - 'NOTIFICATION FOR NEW CIRCLE RATES APPLICABLE TO THE NCT OF DELHI W.E.F. 23-09-2014'],2 copy whereof is annexed as Document No. 3. In terms thereof, the suit property in question would fall in Category 'H', as provided under 'TABLE 1.2' of the said notification. Mr. Ripin Sood, counsel for the Non-Applicants states that he has received some instructions; however, he needs time to examine the position in law in light of the judgments enclosed with the application and take appropriate steps.

3. Issue notice. Mr. Sood accepts notice on behalf of the Defendants.

4. Re-notify on 30th May, 2022.

5. The date already fixed i.e., 20th May, 2022 stands cancelled.

SANJEEV NARULA, J MAY 9, 2022 nk 1 2022 SCC OnLine Del 360.

Notification No.F.1.(953)/Regn.Br./Div.Com./HQ/2014/5943.