Writ petition challenging land vesting orders rendered non est due to village urbanisation. Court held pending proceedings are void ab initio. Petitioner directed to approach Civil Court with benefit of limitation.
Petitioner permitted to approach Civil Court; petition and applications disposed of.
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JAGMAL SINGH ..... Petitioner Through: Mr. Rajiv Yadav, Advocate versus GOVT OF NCT DELHI AND OTHERS ..... Respondents Through: Mr. Anupam Srivastava, ASC (GNCTD) with Ms. Anushka Bhatnagar, Advocate for R-1 & R-2
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
O R D E R % 09.04.2024 (The proceeding has been conducted through Hybrid Mode)
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/04/2024 at 12:42:06
being 7 bigha and 9 biswa situated in village Kapashera devested and reverted back to the petitioner.
ii. Issue a writ of certiorari, or appropriate writ or order, directing thereby the respondents to update the revenue record.”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/04/2024 at 12:42:06
declared as an urban area and as such, the provisions of DLR Act, 1954 would cease to apply. That apart, keeping in view the ratio laid down by the Supreme Court in Mohinder Singh (Dead) (supra) , it is also apparent that the pending proceedings, if any, would become non est in law.
TUSHAR RAO GEDELA, J
APRIL 9, 2024/ns
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/04/2024 at 12:42:06
2 issues framed by the court
Whether the petitioner is entitled to redressal given the urbanisation of the village and cessation of the DLR Act.
Whether the pending civil revisions in the Deputy Commissioner and Financial Commissioner can be treated as non est.
Colour shows how this judgement treated each authority
Mohinder Singh (Dead) Through LRs and Anr. vs. Narain Singh and OrsExplained¶14
2023 SCC OnLine SC 261 · Who else cites this
Radiance Fincap (P) Ltd vs. State (NCT) of DelhiApplied¶20
2023 SCC OnLine Del 3432 · Who else cites this
Praveen Jain vs. Financial Commissioner & OrsApplied¶20
W.P.(C) 3827/2024
3 provisions across 3 enactments
Jagmal Singh
GOVT OF NCT DELHI
Tushar Rao Gedela
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
