Delhi Development Authority v. Bimla Khurana And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 430/2024 & C.M.Nos.31693-31695/2024 DELHI DEVELOPMENT AUTHORITY ..... Appellant Through:

Mr.Ashutosh Kaushik, Advocate.

versus BIMLA KHURANA AND ORS ..... Respondents Through:

None

CORAM:

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

O R D E R

% 27.05.2024 1.

Present letters patent appeal has been filed along with application for condonation of delay of 1698 days challenging the judgment dated 28th August, 2019 passed by the learned Single Judge of this Court in W.P.(C) 10073/2019, 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 orders 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 Sec. 3(13) of the DLR Act. 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. He contends that the order dated 17th July, 2012 continues to be legal and valid.

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 29/05/2024 at 11:49:17

3.

A perusal of the paper book reveals that there is a delay of 1698 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 27, 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 29/05/2024 at 11:49:17