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Nafis Ahmad & Anr vs Narain Singh & Ors on 4 February, 2014

16. The reliance placed by the Financial Commissioner on the judgment of Supreme Court in Mohinder Singh (supra) is incorrect. In the said judgment the notification under Section 507(a) of the DMC Act, 1957 urbanizing the Village Samepur was issued on 23 rd April, 1982. However, the respondents therein after purchasing the land by a registered sale deed on 04th May 1989, applied for mutation under the DLR Act, 1954 and the names of the respondents were mutated on 31 st May, 1989. The appellants therein challenged the said mutation order by filing an appeal before the Financial Commissioner under Section 64 of the Delhi Land Revenue Act, 1954, which appeal was adjudicated by the Financial Commissioner [by its order dated 10th February, 1995] and Financial Commissioner set aside the mutation order dated 31st May, 1989 and further ordered that the land in dispute shall vests in Gaon Sabha. It was in these facts, the Division Bench of this Court held that after the urbanization of the Village vide notification on 23rd August, 1982, all the proceedings under the DLR Act, 1954 were non-est. This decision of the Division Bench was upheld by the Supreme Court and the relevant paras read as under:
Supreme Court of India Cites 1 - Cited by 0 - C Nagappan - Full Document
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