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Delhi High Court - Orders

Gaon Sabha Paprawat vs Smt. Sunita Mittal on 21 December, 2020

Author: Najmi Waziri

Bench: Najmi Waziri

                              $~14
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      W.P.(C) 10824/2020
                                     GAON SABHA PAPRAWAT                                 .... Petitioner

                                                 Through:     Mr. Jamal Akhtar, Advocate.
                                                 versus

                                     SMT. SUNITA MITTAL                                   ....Respondent
                                                 Through:

                                     CORAM:
                                     HON'BLE MR. JUSTICE NAJMI WAZIRI
                                                  ORDER

% 21.12.2020 The hearing was conducted through video conferencing. CM APPL. 33953/2020 (Exemption) 1 Exemption allowed, subject to all just exceptions. 2 The application stands disposed-off.

W.P.(C) 10824/2020 3 This petition impugns the order dated 30.01.2018 passed by the learned Financial Commissioner. An explanation shall be filed as to why this petition has been preferred after so many months. 4 The issue raised in this petition is about agricultural land which was put to commercial use way back in 2008 and for a whole 11 years thereafter, the matter was pursued before the appropriate forum. It is argued that Gaon Sabha land would not automatically be appropriated by the private respondents simply because the land has subsequently been urbanised under section 507 of the Delhi Municipal Corporation Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:23.12.2020 13:07:36 Act, 1957, by way of notification dated 16.05.2017. 5 The learned counsel for the petitioner submits that the impugned order is erroneous, in the face of clear record and proof that the construction on agricultural land was unauthorised; the statement of the Halka Patwari in this regard has been disregarded. 6 Issue notice through Speed Post, approved courier, e-mail, WhatsApp, SMS and through other viable electronic modes, through counsel as well, returnable on 27.05.2021.

7 The order be uploaded on the website forthwith.

NAJMI WAZIRI, J DECEMBER 21, 2020 RW Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:23.12.2020 13:07:36