Delhi High Court - Orders
Jeevashram vs Government Of Nct Of Delhi And Ors on 15 April, 2024
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~59 & 60
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5326/2024
JEEVASHRAM ..... Petitioner
Through: Mr. Rajesh Yadav, Sr. Advocate with
Mr. Rohan Yadav and Ms. Rishika
Jain, Advocates
versus
GOVERNMENT OF NCT OF DELHI AND ORS ..... Respondents
Through: Mr. Dinesh Malik, Panel Counsel
with Mr. Retesh Malik, Mr. Akash
Saini and Mr. Puneet Jain, Advocates
for R-1 and 2
Ms. Anushkaa Arora, Senior Pancel
Counsel for R-3
+ W.P.(C) 5334/2024
JEEVASHRAM ..... Petitioner
Through: Mr. Rajesh Yadav, Sr. Advocate with
Mr. Rohan Yadav and Ms. Rishika
Jain, Advocates
versus
GOVERNMENT OF NCT OF DELHI AND ORS ..... Respondents
Through: Mr. Dinesh Malik, Panel Counsel
with Mr. Retesh Malik, Mr. Akash
Saini and Mr. Puneet Jain, Advocates
for R-1 and 2
Ms. Anushkaa Arora, Senior Pancel
Counsel for R-3
W.P.(C) 5326/2024 1
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 27/04/2024 at 02:27:48
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 15.04.2024 (The proceeding has been conducted through Hybrid Mode) CM APPL. 21873/2024 (Exemption) in W.P.(C) 5326/2024 CM APPL. 21897/2024 in W.P.(C) 5334/2024
1. Exemption allowed subject to just exceptions.
2. Applications stand disposed of.
W.P.(C) 5326/2024 & CM APPL. 21872/2024 (Stay) & CM APPL.21874/2024 W.P.(C) 5334/2024 & CM APPL. 21896/2024 (Stay), CM APPL.21898/2024
3. These are the writ petitions under Article 226 of the Constitution of India, 1950, seeking inter alia the following reliefs:-
W.P.(C) 5326/2024 " (a) issue a writ of certiorari or any other appropriate writ, order or direction in the nature thereof thereby quashing/setting aside the order dated 13.02.2024 passed by the learned Financial Commissioner in case No.299/2012 "Jeevashram Vs. Gaon Sabha Rajokari, through Director Panchayat", whereby the Second Appeal of the Petitioner under Section 185 ( 4) of the Delhi Land Reforms Act, 1954, was dismissed;
(b) Issue a writ of certiorari or any other appropriate writ, order or direction in the nature thereof thereby quashing/setting aside the order dated 30.07.2012 passed in Appeal No.11/2005 "Jeevashram Vs. Gaon Sabha, Rajokri ", by W.P.(C) 5326/2024 2 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 27/04/2024 at 02:27:48 the learned Deputy Commissioner and Collector, District South-West, Kapashera, New Delhi;
(c) issue a writ of certiorari or any other appropriate writ, order or direction in the nature thereof thereby quashing/ setting aside the order dated 16.02.2005 passed by the learned SDMIRA, Vasant Vihar, in Case No.214/RA/96 "Gaon Sabha Rajokri Vs Jeevashram ";
(d) issue a writ of mandamus or any other appropriate writ, order or direction in the nature thereof thereby allowing the objections of the Petitioner to the proceedings initiated by the Respondent-Gaon Sabha under Section 86A of the Delhi Land Reforms Act, 1954;
(e) issue a writ of certiorari or any other appropriate writ, or order or direction in the nature thereof thereby quashing/ dropping the proceedings initiated by the Respondent under Section 86A of the Delhi Land Reforms Act, 1954, vide case No.214/RA/96, "Gaon Sabha Rajokri Vs. Jeevashram", and in the alternative remand back the case initiated under Section 86A of the DLR Act, to the Court of learned Revenue Assistant, Vasant Vihar, New Delhi for fresh decision, after giving opportunity to the Petitioner to lead evidence, in accordance with the provisions of Delhi Land Reforms Act, 1954 and the Delhi Land Reforms Rules, 1954;
W.P.(C) 5334/2024 " (a) issue a writ of certiorari or any other appropriate writ, order or direction in the nature thereof thereby quashing/setting aside the order dated 13.02.2024 passed by the learned Financial Commissioner 1n case No.298/2012 "Jeevashram Vs. Gaon Sabha Rajokari, through Director Panchayat", whereby the Second Appeal of the Petitioner under Section 185 ( 4) of the Delhi Land Reforms Act, 1954, was dismissed;
W.P.(C) 5326/2024 3This 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 27/04/2024 at 02:27:49
(b) Issue a writ of certiorari or any other appropriate writ, order or direction in the nature thereof thereby quashing/setting aside the order dated 30.07.2012 passed in Appeal No.12/2005 "Jeevashram Vs. Gaon Sabha, Rajokri ", by the learned Deputy Commissioner and Collector, District South-West, Kapashera, New Delhi;
(c) issue a writ of certiorari or any other appropriate writ, order or direction in the nature thereof thereby quashing/ setting aside the order dated 16.02.2005 passed by the learned SDM/RA, Vasant Vihar, in Case No.69/RA/97 "Gaon Sabha Rajokri Vs Jeevashram ";
(d) issue a writ of mandamus or any other appropriate, writ, order or direction in the nature thereof thereby allowing the Petition/Case of the Petitioner under Section 85 of the DLR Act and declare the Petitioner as Bhoomidhar in respect of land bearing Khasra No.446, measuring 04 Bighas, situated within the Revenue Estate of Village Rajokari, New Delhi and in the alternative remand back the case to the Court of learned Revenue Assistant, Vasant Vihar, for fresh decision, after giving opportunity to the Petitioner to lead evidence, in accordance with the provisions of Delhi Land Reforms Act and the Delhi Land Reforms Rules;
4. Mr. Yadav, learned senior counsel for the petitioner submits that though by the order dated 09.01.2023, this Court had in the writ petition bearing W.P.(C) 195/2023 captioned "Jeevashram vs. Govt. of NCT of Delhi and Ors." directed the Financial Commissioner to re-hear case Nos. 298/2012 and 299/2012 on merits, the Financial Commissioner instead of complying with the order had passed the impugned order dated 13.02.2024 by considering the judgment of the Supreme Court in Mohinder Singh (Dead) Through LRs and Anr. vs. Narain Singh and Ors. reported in 2023 SCC OnLine SC 261 and has held that DLR Act, 1954 has ceased to apply and in terms of W.P.(C) 5326/2024 4 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 27/04/2024 at 02:27:49 the ratio of the judgment of the Supreme Court, held that the proceedings are non-est in law and has accordingly dismissed the Appeal bearing Nos. 298/2012 and 299/2012.
5. Learned senior counsel has brought attention of this Court to the judgment of Supreme Court in Mohinder Singh (Dead) Through LRs and Anr. (Supra) and has read through the said order particularly to impress upon this Court that in the said case, the notification under Section 507(a) of the DMC Act, 1957 was notified in the year 1982 whereas the proceedings under the DLR Act, 1954 had commenced on 31.05.1989. He submits that in the peculiar facts of that case, the Supreme Court has held that the notification under Section 507(a) of the DMC Act, 1957 would not only make the provisions of DLR Act, 1954 inapplicable but also that the proceedings under the said Act were non-est.
6. He submits that in the present case the proceedings under the DLR Act commenced sometimes in the year 1997 whereas the notification was issued on 20.11.2019. He submits that by the time the notification was issued, the order of the Deputy Commissioner, District South-West, Kapashera, New Delhi in Appeal No. 11/05 and 12/05 captioned as Jeevashram Vs. Gaon Sabha Rajokri was already passed and the Second Appeal thereagainst bearing nos. 298/2012 and 299/2012 captioned as Jeevashram Vs. Gaon Sabha Rajokri were pending before the Financial Commissioner. He submits that in such circumstances, the judgment of the Supreme Court in Rajender Bansal & Others Vs. Bhuru (Dead) through LRs & Others reported in (2017) 4 SCC 202, would be applicable to the effect that it is only W.P.(C) 5326/2024 5 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 27/04/2024 at 02:27:49 the proceedings post notification which would become non-est. However, he submits that according to the judgment of the Supreme Court in Rajender Bansal (Supra) no proceedings under the provisions of DLR Act, 1954 post the notification can be commenced.
7. Learned senior counsel appearing for the petitioner invites attention of this Court to para 18 of the judgment of the Supreme Court in Rajender Bansal (supra) to submit that even after the cessation of the provisions of the DLR Act, the proceedings pending as on the date of the issuance of such notification, would not themselves by operation of law become non-est. According to him, the proceedings should continue and taken into its logical conclusion.
8. This Court has considered the arguments of learned senior counsel and has perused the impugned order of the Financial Commissioner as also the order passed by this Court in W.P.(C) 195/2023 dated 09.01.2023 captioned Jeevashram Vs. Government of NCT of Delhi & Others and perused the judgment of Mohinder Singh (Dead) Through LRs and Anr. (Supra) and Rajender Bansal (Supra). The issue raised by the petitioner appears to be of considerable importance for the reason that the judgment of Coordinate Bench of this Court in Sanvik Engineers India Private Limited & Anr vs. State (NCT of Delhi) Through its Department of Urban Development & Anr reported in 2022 SCC OnLine Del 360 whereby the learned Single Judge of this Court had postulated eight different situations arising out of the issuance of a notification under Section 507(a) of the DMC Act, 1957 read in context with the urbanization of the agricultural land under the DLR Act, 1954, has W.P.(C) 5326/2024 6 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 27/04/2024 at 02:27:49 been was set aside by the learned Division Bench in LPA 169/2022 captioned as Ajay Singhal Vs. Govt. of NCT of Delhi dated 25.04.2023; Neutral Citation No. 2023: DHC:3221-DB.
9. The Supreme Judgment in Mohinder Singh (Dead) Through LRs and Anr. (Supra) holding that the provisions of DLR Act, 1954 would cease to apply w.e.f. the date of the notification 507 (a) of the DMC Act, 1957 has been made applicable in all pending cases under the DLR Act, 1954. However, the ratio of the Supreme Court in that case in regard to the pending proceedings becoming non-est appears to be applicable to the peculiar facts which has arisen in that case. Particularly, because the notification under Section 507(a) of the DMC Act, 1957 in that case was issued in the year 1982 whereas the proceedings under the DLR Act, 1954 were commenced subsequently. It appears that it was in those circumstances that the Supreme Court has held that the proceedings themselves would become non-est in law. After perusing the ratio laid down by the Supreme Court in Ravinder Bansal (supra), it appears that this needs reconsideration.
10. Issue notice.
11. Notice is accepted by Mr. Dinesh Malik, senior panel counsel for respondent nos. 1 and 2 and by Ms. Anushkaa Arora, senior panel counsel for respondent no.3.
12. Counter affidavit be filed within eight weeks with an advance copy to learned counsel for the petitioner. Rejoinder, thereto if any, be filed within four weeks, thereafter, with an advance copy to learned counsel for the respondent.
13. Though the petitioner has lost on all counts before the Revenue W.P.(C) 5326/2024 7 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 27/04/2024 at 02:27:49 Assistant as well as the Deputy Commissioner, First Appellate Court under the provisions of DLR Act, 1954, however, keeping in view the fact that the petitioner was enjoying a stay before the Financial Commissioner as also after considering the fact that the petitioner is maintaining a veterinary hospital, taking care of animals, this Court is of the considered opinion that till the next date of hearing, no coercive action should be taken by the respondents. More so, since the land has already been urbanized, it would be for the land owning agency to initiate appropriate action, if so required.
14. List on 12.08.2024 before the Registrar.
15. List on 21.10.2024 before this court.
TUSHAR RAO GEDELA, J APRIL 15, 2024/ms W.P.(C) 5326/2024 8 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 27/04/2024 at 02:27:49