The Single Bench of the Delhi High Court in the case of M/S Mahajan Industries Pvt. Ltd. vs Gaon Sabha Chattarpur consisting of Justice Mini Pushkarna reiterated that once land in question has already been urbanised, then proceedings u/s 81 of the Delhi Land Reforms Act, 1954 would not be maintainable.
It also held that once notification of the government and its authorities as well as the Master Plan itself declared the user of the land as residential, then the owner of the land in question cannot be forced to use the land for agricultural purposes.
Facts:
This case was regarding the land of the Petitioner situated at Village Chattarpur, also known as DLF Chattarpur Farms. Proceedings concerning the aforesaid land u/s 81 (Ejectment for use of land in contravention of the provisions of this Act) of The Delhi Land Reforms Act, 1954 (“DLR Act”) were instituted in 2003. Pursuant thereto, a conditional decree was passed by the Revenue Assistant/SDM in 2015. Against the same, this writ petition was filed.
Observations of the Court:
The Bench noted that the village in question was a part of the list of villages in the area of Abadi in Zone J, as per the Master Plan of Delhi- 2021 (MPD-2021). The MPD-2021 enlisted the villages situated in an area of Abadi in Zone J. Chattarpur. Zone J was shown as an area under an urban extension. DDA by its notification of 2010 u/s 11 of the DelhiDevelopment Act, 1957 (DDA Act) approved the Zonal Development Plan for South Delhi – II (Zone – J). The said notification gave the land use of urban extension areas. Thus, Village Chattarpur had been shown as an urban extension area, wherein residential activities were allowed.
Reference was also made to the notification of 2013 issued by the Ministry of Urban Development (Delhi Division), wherein the land in question was notified as a Low-Density Residential Area (LDRA) in urban extension. Similarly, the notification of 2019 was issued u/s 507 of the Delhi Municipal Corporation Act, 1957, thereby declaring in categorical terms that all the villages included in the said notification which were part of the rural areas, shall cease to be rural areas and shall be deemed to be as urban areas. Chattarpur village was reflected in serial no. 33 in the said notification under the South District.
Relying on Sanvik Engineers India Pvt. Ltd & Anr. Vs. The Government of NCT of Delhi & Anr., which has been followed by this Court in various judgments, reiterated that where proceedings had been initiated under the DLR Act and a conditional order had been made and notification for the urbanisation of the land was issued before the issuance of the final order, then the said proceedings would not lie:
“Once notification has come to be issued under the Delhi Municipal Corporation Act, 1957 and Delhi Development Act, 1957, then the land in question becomes urbanised. Thus, any proceedings under the DLR Act, 1954 as such would not be maintainable as Delhi Land Revenue Act, 1954 and Delhi Land Reforms Act, 1954 will cease to have any effect or applicability concerning such lands.”
It further noted that in this case, the land in question had already been declared urbanised by notification under the DMC Act as well as DDA Act. Further, it had also been declared as Low-Density Residential Area (LDRA). Thus, the user of the land, as such, as declared by the Master Plan and notifications of the DDA as well as MCD, was then residential:
“Therefore, once notification of the government and its authorities as well as the Master Plan itself declared the user of the land as residential, then the owner of the land in question cannot be forced to use the land for agricultural purposes when the land in question has ceased to be agricultural in nature.”
Judgment:
The Bench held that the DLR Act shall not apply to the land of the petitioner situated in the revenue estate of village Chattarpur, as the said land had lost its character as agricultural land and was an urbanised land given the aforesaid notifications of the DDA and MCD; and the declaration of the Zonal Development Plan under the Master Plan 2021. Consequently, the conditional decree issued by the Revenue Assistant/SDM was quashed. All the proceedings initiated under the Delhi Land Reforms Act also stood quashed.
Case: M/S Mahajan Industries Pvt. Ltd. vs Gaon Sabha Chattarpur
Citation: W.P. (C) 10270/2015
Bench: Hon’ble Justice Mini Pushkarna
Advocate for Petitioner: Ms. Smita Maan.
Advocates for Respondent: Mr. Santosh Kr. Tripathi, SC (Civil) for GNCTD, Mr. Arun Panwar, Ms. Mehak Rankawat.
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