High Court of DelhiW.P.(C)/6111/2023

Sh. Adesh Jain & ANR. v. Govt. Of NCT Of Delhi & ORS.

2024-04-02Hon'Ble Mr. Justice Tushar Rao Gedela3 pages

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6111/2023 , CM APPL. 23967/2023 & CM APPL. 19408/2024 SH. ADESH JAIN & ANR.

..... Petitioners Through:

Mr. Ved Pal Rana, Ms. Jyoti Nambiar and Ms. Bhawana, Advocates versus GOVT. OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr.

Rishikesh Kumar, ASC (GNCTD) with Ms.Sheenu Priya, Mr.

Atik Gill, Mr. Sudhir Kumar Shukla and Mr. Sudhir, Advocates for R-1 & 2.

Mr. Nitin Sangwan and Mr. Rohit Balyan, Advocates for R-3

CORAM:

HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 02.04.2024 (The proceeding has been conducted through Hybrid Mode) 1.

This is a writ petition under Article 226 of the Constitution of India, 1950, inter alia, seeking the following reliefs :- "a) call the record of proceedings conducted by the respondents no.2/ Tehsildar while passing the order dated 07.03.2022 in application No.12635/SDM/ALP/21.06.2021 and examine the legality and impartiality of the same;

W.P.(C) 6111/2023 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

b) pass a writ of mandamus, certiorari and prohibition or any other writ, order or direction thereby quashing/setting-aside the impugned order dated 07.03.2022 passed by the respondent no.2/Tehsildar in respect of Land Khasra No.53/26/1, Village Nangli Poona, Delhi-110036, in the interest of justice; c) pass necessary direction to restore anything done by the respondent in pursuance to the order dated 07.03.2022 passed by the Tehsildar."

The issue raised in the present petition is similar to the one laid in W.P.(C) 5617/2020, captioned Sh. Adesh Jain & Anr. vs. Govt. of NCT of Delhi & Anr. which has been disposed of in favour of Petitioner therein, today, i.e., 02.04.2024. To be specific, the operative portion of the judgement dated 02.04.2024 in W.P.(C) 5617/2020 is extracted hereunder:- "17.

That apart, another consideration would be that the said Village Nangli Poona has been specifically notified as Urbanized Area by virtue of the Notification under Section 507(a) of Delhi Municipal Corporation Act, 1957, dated 16.05.2017, whereby the said village is listed at serial No.40. This Notification read with the ratio of the Hon'ble Supreme Court in Mohinder Singh (Dead) Through LRs and Another vs. Narain Singh and Others reported in 2023 SCC Online SC 261, would lead to the conclusion that the said area is an Urban Area and as such the DLR Act, 1954, in any case, would be inapplicable. It is equally submitted as to whether the Authorities under EPH Act, 1948, could exercise any jurisdiction at all. Moreover, the petitioner has already approached Civil Court for appropriate remedies in accordance with law and has also arrayed the private respondents including the Gaon Sabha as defendants before the Civil Court." 3.

Since the issues raised are identical and so are the parties barring the private respondent, the present writ petition is also disposed off in similar terms. In the view of the above, the impugned W.P.(C) 6111/2023 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

order dated 07.03.2022 passed by the respondent no.2/Tehsildar in respect of Land Khasra No.53/26/1, Village Nangli Poona, Delhi110036, is quashed and set aside. 4.

It is made clear that there is no observation made in the present petition qua the said respondents and rights of the parties are kept reserved before the Civil Court to be decided in accordance with law.

The writ petition, alongwith pending applications, stand disposed of.

TUSHAR RAO GEDELA, J APRIL 2, 2024/ns W.P.(C) 6111/2023 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.