Gaon Sabha Mehrauli v. Vinod Karan Chawala & ORS.

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8287/2014 GAON SABHA MEHRAULI ..... Petitioner Through:

Ms. Jyoti Taneja, Adv.

versus VINOD KARAN CHAWALA & ORS.

..... Respondents Through:

Mr. Sachin Puri, Sr. Adv. with Ms.

Poorva Pant, Adv. for R-3 & R-4.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.04.2017 By placing reliance on judgment dated 26th March, 2010 passed in W.P. (C) 4143/2003 titled Smt. Indu Khorana vs. Gram Sabha & Ors. passed by the Division Bench of this Court, petitioner's petition was dismissed by the Financial Commissioner. It was held in Smt. Indu Khorana (Supra) that once rural area is urbanized by issuance of notification under Section 507(a) of the Delhi Municipal Corporation Act, 1957 (for short, DMC Act), the provisions of Delhi Reforms Act will cease to apply.

Financial Commissioner has held that counsel for the petitioner had filed a copy of notification under Section 507(a) of the DMC Act dated 23rd May, 1963 showing that Mehrauli village has ceased to be a rural area. Financial Commissioner has further held that in view of this position, revenue laws were not applicable to the suit land.

In ground (F) of the writ petition, it is contended by the petitioner that judgment Smt. Indu Khorana (Supra) was not applicable as SLP was pending in the Supreme Court. Learned senior counsel for the respondent nos. 3 and 4 has placed a photocopy of the order passed in SLP (C) No. 16106/2012 titled Gaon Sabha & Anr. vs. Indu Khurana & Anr., which shows that SLP has been dismissed. In view of this position, the challenge taken in the present writ petition no more exists. Writ petition is dismissed accordingly.

A.K. PATHAK, J.

APRIL 17, 2017 ga