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Rajinder Kakkar And Ors. vs Delhi Development Authority on 3 November, 1993

Therefore in view of the aforesaid I hereby hold that the entire area of village Kishangarh Mehrauli stood vested in the Central Government under Section 507 of the DMC Act vide notification dated 3.6.1966 which is Ex.D4W1/1 and by necessary implication the land over which Sahara Restaurant is constructed is also covered by the said notification being situated in village Kishangarh. Thereafter, vide notification dated 20.8.1974 which is Ex.D4W1/2 the entire land of village Kishangarh which was earlier taken over by notification Ex.D4W1/1 stood transferred to DDA for maintenance as green with directions that under no circumstances, the DDA can permit or cause to permit any 29 construction over the same. The Delhi High Court in the case of Rajender Kakkar Vs. DDA in Civil Writ petition no. 3355/ 1993 had held that whole of village Kishangarh was urbanized and as per Section 150 of DLR Act the land of whole Gaon Sabha ceases to be rural and the land belonging to the Gaon Sabha in the village Kishangarh vested in the Central Government who vide notification dated 20.8.1974 placed the same at the disposal of the DDA.
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