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Rashmi Tyagi & Ors. v. Secretary Revenue Govt. of NCT of Dlehi & Anr.

Delhi HC14 Feb 2020W.P.(C)/11660/2018

Case brief

AI extract

What is this about?

The petition sought prohibition against proceedings under the Delhi Land Reforms Act regarding property in Garhi Khusro, now an urban area. Relying on Harpal Singh v. Ashok Kumar, the court held that once agricultural land is built upon, it loses its basic character. The proceedings were quashed as manifestly illegal, and the petition disposed of.

What did the court decide?

Proceedings under Section 81 of the DLR Act quashed; consequential orders quashed; petition disposed of.

Rashmi Tyagi & Ors. Vs Secretary Revenue Govt. of NCT of… — Land Acquisition | Delhi HC (2020)

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$~A-14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(C) 11660/2018 & CM APPL. 45036/2018 RASHMI TYAGI & ORS ..... Petitioners Through Mr.Anuroop P.S., Adv. versus SECRETARY REVENUE GOVT. OF NCT OF DLEHI & ANR ..... Respondents Through Mr.Anupam Srivasvata, ASC with Ms.Divya Joshi, Adv.

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CORAM:

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HON'BLE MR. JUSTICE JAYANT NATH O R D E R

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% 14.02.2020

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This writ petition is filed by the petitioners seeking a writ of prohibition prohibiting the Revenue Assistant from continuing with the proceedings initiated under section 81 of Delhi Land Reforms Act, 1954 ( hereinafter referred to as the ‘DLR Act’ ) and a direction is also sought to quash the notice and restrainment order, both dated 04.05.2018 issued by the Revenue Assistant, Alipur, Delhi.

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The case of the petitioners is that the property in question situated in the Revenue Estate of Village Garhi Khusro, Delhi is now an urbanised area and ceased to be covered by the DLR Act.

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The respondents have filed a short affidavit where it has been confirmed that Village Garhi Khusro, Delhi has been declared as an urban area vide notification dated 17.05.2017. However, it is pleaded that records continues lying with Revenue Department and hence, steps have been taken under the DLR Act by the concerned authority.

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In this context, reference may be had to the judgment of the Supreme Court in the case of Harpal Singh v. Ashok Kumar, (2018) 11 SCC 113 ,

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where the Supreme Court held as follows:

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“5. Section 3(13) of the Delhi Land Reforms Act defines the expression “land” as follows:

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“3(13) “land” except in section 23 and 24, means land held or occupied for purpose connected with agriculture, horticulture or animal husbandry including pisciculture and poultry farming and includes—

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(a) Building appurtenant thereto,

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(b) Village abadis,

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(d) Lands for village pasture or land covered by water and used for growing singharas and other produce or land in the bed of a river and used for casual or occasional cultivation,

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But does not include—

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Land occupied by buildings in belts of areas adjacent to Delhi town and New Delhi town, which the Chief Commissioner may by a notification in the Official Gazette declare as an acquisition thereto;”

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The position of law which has been consistently followed is that there the land has not been used for any purpose contemplated under the Land Reforms Act and has been built upon, it would cease to be agricultural land. Once agriculture land loses its basic character and has been converted into authorised/unauthorised colonies by dividing it into plots, disputes of plot holders cannot be decided by the Revenue Authorities and would have to be resolved by the civil court. The bar under section 185 would not be attracted. This position of law has not been controverted in the present proceedings.”

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In view of the above, it is clear that the proceedings initiated under section 81 of the DLR Act suffer from manifest illegality. The said proceedings and all consequential orders are accordingly quashed.

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The petition is disposed of. All pending applications, if any, are also disposed of.

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JAYANT NATH, J.

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FEBRUARY 14, 2020/v

Rashmi Tyagi & Ors. v. Secretary Revenue Govt. of NCT of Dlehi & Anr.

Case brief

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Rashmi Tyagi & Ors. v. Secretary Revenue Govt. of NCT of Dlehi & Anr.

Case brief

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