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High Court of DelhiW.P.(C)/5541/2025

Smt. Savita v. Govt. Of N.C.T Delhi & ANR.

2025-04-29Hon'Ble Mr. Justice Prateek Jalan2 pages

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5541/2025, CM APPL. 25187/2025 & CM APPL. 25188/2025 SMT. SAVITA .....Petitioner Through:

Mr. Sandeep Khatri, Advocate.

versus GOVT. OF N.C.T DELHI & ANR.

.....Respondents Through:

Mr. Tushar Sannu and Mr. Utkarsh Singh, Advocates for GNCTD.

Mr. Yeeshu Jain, ASC with Ms.

Jyoti Tyagi, Ms. Priya Shukla and Ms. Ishika Jain, Advocates.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 29.04.2025 1.

The petitioner claims to be the owner in possession of land admeasuring 3 bigha 2 biswas falling in Khasra No. 50/23 min (1-15), 67/3 (1-7) situated in Revenue Estate Village Alipur, Delhi. She has filed this writ petition under Article 226 of the Constitution, challenging proceedings initiated by the Sub-Divisional Magistrate ["SDM"] under Section 81 of the Delhi Land Reforms Act, 1854 ["the Act"] in respect of the said land.

2.

Mr. Sandeep Khatri, learned counsel for the petitioner, submits that the petitioner was served with a notice under Section 81 of the Act in the year 2019, but that the said proceedings are non-est in view of urbanisation of the village in question by a notification of the 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 02/05/2025 at 12:23:14 W.P.(C) 5541/2025 Page 1 of 2

Government of National Capital Territory of Delhi dated 16.05.2017. He submits that the petitioner has taken this contention before the SDM but the SDM has not decided the said objection.

3.

Learned counsel for the respondents appear on advance notice. 4.

In view of the limited nature of the relief sought at this stage, which is for consideration of the petitioner's objection, the concerned SDM is directed to pass an order on the petitioner's objection within a period of eight weeks from today in accordance with law, and communicate the same to the petitioner.

5.

The writ petition is disposed of in these terms, reserving all rights and contentions of the parties.

6.

All pending applications also stands disposed of. PRATEEK JALAN, J APRIL 29, 2025 SS/kb/ 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 02/05/2025 at 12:23:14 W.P.(C) 5541/2025 Page 2 of 2