Delhi Development Authority v. Santosh Khurana & ORS

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 349/2024 & DELHI DEVELOPMENT AUTHORITY ..... Appellant Through:

Ms.Manika Tripathy, standing counsel for DDA with Mr.Ashutosh Kaushik, Advocate.

versus SANTOSH KHURANA & ORS ..... Respondents Through:

Ms.Tanvi Nigam, Advocate for R-1.

Mr.Parth Goyal, Advocate for R-2 to 5.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 02.05.2024 1.

Present appeal has been filed along with application for condonation of delay of 1641 days, challenging the judgment dated 28th August, 2019 passed by the learned Single Judge of this Court in W.P.(C) 10068/2019, whereby the writ petition filed by the respondent no.1 was allowed and the order dated 17th July, 2012 passed by the Court of Revenue Assistant (Najafgarh) under Section 81 of the Delhi Land Reforms Act, 1954 ('DLR Act') and subsequent order upholding the order dated 17th July, 2012 were set aside on the ground of limitation and that pursuant to the passing of the Zonal plan by DDA, the land in question ceased to be an 'agricultural land' under Section 3(13) of the DLR Act.

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 04/05/2024 at 14:42:53

2.

Learned counsel for the appellant states that violation of the DLR Act took place prior to the land being notified as urban area and the notification of the zonal development plan. She contends that the order dated 17th July, 2012 continues to be legal and valid.

3.

A perusal of the paper book reveals that there is a delay of 1641 days in filing the appeal.

4.

At this stage, learned counsel for the appellant/DDA states that quite a substantial period of this delay is covered by the Covid-19 pandemic. However, this Court finds that the impugned judgment had been rendered nearly five months prior to the onset of Covid-19 pandemic. Further, even if Covid-19 pandemic limitation period is excluded, the clock would again start running from 1st March, 2022.

5.

Consequently, the present appeal is dismissed along with the applications on the ground of delay and laches. However, the issue of law is left open.

ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J MAY 2, 2024 KA 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 04/05/2024 at 14:42:53