Document Fragment View
Fragment Information
Showing contexts for: section 507 in Neeraj Kumar vs Munni Devi on 6 April, 2013Matching Fragments
Order on objections filed by the respondent
1. Present application under section 27 of Delhi Rent Control Act was filed by the petitioner on 06.11.12 and notice of the said application was issued to the respondent vide order dated 07.12.12. The objections were filed by respondent on 19.01.13 and the main objection which has been taken up by the respondent is that D. R. Act do not apply to the tenanted premises as it falls within the Khasra No. 82/17 in the revenue estate of village Hastsal, Delhi and that the said Khasra number has not been notified by the Central Government in notification dated 28.12.1959 which was issued in exercise of the powers under clause (a) of Section 507 of the Delhi Municipal Corporation Act, 1957.
Section 507 of Delhi Municipal Corporation Act:
(a) the Corporation with the previous approval of the Government, may, by notification in the Official Gazette, declare that any portion of the rural areas shall cease to be included therein and upon the issue of such notification that portion shall be included in and form part of the urban areas;
3. Subsequently, by a notification dated 24.10.1994 issued under Section 507 of the Delhi Municipal Corporation Act, the rural area falling under Sagarpur when the property in dispute is situate was included within the urban area of Delhi Municipal Corporation. It is on the strength of this notification, learned Counsel urged that once the area has been included as urban area within the Delhi Municipal Corporation ipso facto, the Delhi Rent Control Act shall be applicable the argument is totally misconceived.
9. The petitioner has failed to show any such notification or other document issued by the Central Government from which it could be inferred that the provisions of the DRC Act have been made applicable to the area falling within Hastsal and consequently to the tenanted premises.
10. It may be pointed out here that it has been held in following judgments that the notification under the proviso to Section 1(2) of DRC Act is sine qua non for the applicability of Delhi Rent Control Act to any area to which DMC Act has been extended by a notification U/s 507 of DMC Act.