High Court of DelhiW.P.(C)/11438/2016

Rockwood Properties Pvt. Ltd. v. Gaon Sabha Rajokri

2020-02-28Hon'Ble Mr. Justice Jayant Nath2 pages

$~8 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11438/2016 ROCKWOOD PROPERTIES PVT. LTD ..... Petitioner Through:

Mr. Ravi Gupta, Sr. Advocate with Mr. Y.N. Bhardwaj, Ms. Anunaya Mehta and Mr. Akshay Deep Singhal, Advocates versus GAON SABHA RAJOKRI ..... Respondent Through:

Mr. Barnali Basak, Ms. Smeeksha Pandey and Mr. Arzu Khatter, Advocates.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 28.02.2020 This writ petition is filed by the petitioner seeking direction to set aside the order of the Financial Commissioner dated 28.10.2016 and also by the Revenue Assistant under Section 81 of the DLR Act initiated against the petitioner. This petition arose out of proceedings initiated under section 81 of the DLR Act against the petitioner. The Revenue Assistant passed a conditioned order on 15.12.2008 against the petitioner directing the land to be converted back to agricultural use. Against the said order, a petition was filed before the Financial Commissioner which was dismissed on 28.10.2016. Hence, the present writ petition was filed. Learned senior counsel for the petitioner submits that the area of the property in question is now no longer agriculture land within the definition

of Delhi Land Reforms Act. He submits that the notification under Section 507 of the Delhi Municipal Corporation Act has also to be issued declaring the area as urban area.

Learned counsel appearing for the respondent confirms that the area has ceased to be rural area in view of the notification issued on 20.11.2019. In this context, reference may be had to the judgment of the Supreme Court in the case of Harpal Singh v. Ashok Kumar, (2018) 11 SCC 113, where the Supreme Court has held that when the land is urbanized, Delhi Land Reforms Act ceases to apply.

In view of the above, the impugned orders of the Revenue Assistant and Financial Commissioner are set aside. The proceedings pending before the Revenue Assistant have become redundant accordingly stand dismissed. Petition is allowed as above.

JAYANT NATH, J FEBRUARY 28, 2020 Aj