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Showing contexts for: dd act in Rajeev Shah (Deceased) Through Lr Ms. ... vs Government Of Nct Of Delhi & Ors. on 10 April, 2023Matching Fragments
6. On behalf of the petitioner, it is contended that the proceedings pending in the appeal before learned ADM are bad in law for want of jurisdiction, in view of the fact that the DLR Act does not apply to the land in question any more after the notification dated 18.06.2013 issued by the Ministry of Urban Development (Delhi Division) making modifications in Master Plan for Delhi-2021 (MPD 2021), in exercise of powers conferred by Sub-section 2 of Section 11A of The Delhi Development Act, 1957 (DD Act). It is submitted that as per said notification, villages containing existing farm houses cluster were notified as LDRA, which includes Village Rajokri. In view of the said notification Village Rajokri has become an urban village. Land use of the petitioner's land has become residential and that it is not an agricultural land anymore.
14. After modification in MPD, 2021 under Section 11A of DD Act, vide notification dated 18.06.2013, there is no manner of doubt that village Rajokri is an "urban village". This Court in the case of M/s. Shri Neelpadmaya Consumer Products Pvt. Ltd. Vs Sh. Satyabir @ Satbir And Ors.4, has held that a notification for urbanisation need not only be through a notification under Section 507 of The Delhi Municipal Corporation Act, 1957 (DMC Act). It was held that once a notification is issued applying a zonal plan, issued pursuant to the Master Plan showing the subject lands as covered under the zonal plan issued by the DDA, in such a situation, the lands cease to be lands covered under the DLR Act, as the issuance of notification in the official gazette results in the lands becoming part of the Delhi land. Thus, it was held as follows:-
15. In view of the aforesaid, it is clear that once land is subject Neutral Citation Number: 2023:DHC:2430 matter of zonal plan issued under Section 11 of DD Act, it is beyond the purview of the DLR Act. After the notification dated 18.06.2013, Village Rajokri became an urban village, and therefore, the DLR Act ceased to apply to the land in question.