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W.P.(C) 5627/2020

4. The petitioner here purchased agricultural land by way of a sale deed dated 5 May 2010. Proceedings under Section 81 of the DLR in respect of that land are stated to have commenced consequent to the submission of a report dated 22 March 2016 by the Halqa Patwari alleging that construction activity was being undertaken on agricultural land. On the receipt of that report, an interim order of restraint came to be issued on 31 March 2016. In terms of that order, the petitioners were called upon to restore the land to its original agricultural status failing which further proceedings under Section 81 would be taken. The petitioner submitted a reply to the aforesaid show cause notice asserting therein that the constructions which were being raised merely amounted to an "improvement" as defined in Section 3(12) of the DLR and would thus not amount to an unauthorised construction. It was further asserted that the land in any case had come to be included in a notification issued under Section 507 of the DMC Act on 16 May 2017 and that consequently no justification existed for drawl of proceedings under Section 81. Accepting the contentions as set forth, the SDM by an order of 15 June 2019 closed the proceedings and held that Section 81 would no longer be applicable by virtue of the land having become urbanized and as evidenced consequent to its inclusion in the notification issued under Section 507 of the DMC Act. The respondents thereafter preferred an appeal before the Deputy Commissioner. During the pendency of that appeal, it is further disclosed that the area in question had come to be included in a notification dated 28 January 2019 issued by the Ministry of Housing and Urban Affairs and classified as part of the "Land Pulling Policy" as framed by the DDA. The writ petition itself came to be preferred during the pendency of that appeal. During the pendency of the present writ petition, the District Magistrate by an order of 1 September 2020, proceeded to allow the appeal of the Gaon Sabha holding that since proceedings under Section 81 had come to be initiated prior to the issuance of the notification under Section 507, the SDM had clearly erred in closing the proceedings. The District Magistrate while allowing the appeal also took into consideration a report of the Patwari dated 18 December 2019 to record that a farmhouse had been constructed on the land in question thus clearly constituting a violation of the Act. The Collector accordingly proceeded to set aside the order of 15 June 2019 and directed vesting of the land in the Gaon Sabha. The order of 1 September 2020 has since been assailed in these proceedings consequent to an amendment application which was moved in these proceedings and was allowed by the Court.