KHATRI HOTELS PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal for setting aside judgment dated 21.8.2009 of the learned Single Judge of the Delhi High Court whereby he dismissed the appeal preferred by the Appellants against the judgment and decree passed by Additional District Judge-13 (Central), Delhi (hereinafter described as, the trial Court) in a suit for declaration of title, mandatory and permanent injunction filed by them.

(3.) The suit land belonged to Gaon Sabha of village Kishangarh and formed part of the revenue estate of that village. By notification dated 28.5.1966 issued under Section 507 of the Delhi Municipal Corporation Act, 1957 (for short, the DMC Act), the Municipal Corporation of Delhi (for short, the Corporation), with the previous approval of the Central Government, declared that the localities mentioned in the Schedule forming part of the rural areas shall cease to be the rural areas. The area of village Kishangarh (Mehrauli) was shown at serial No. 37 under the heading "South Zone Delhi". As a consequence of this and by virtue of Section 150(3) of the Delhi Land Reforms Act, 1954 (for short, the Land Reforms Act), the suit land stood automatically vested in the Central Government. After 8 years, the same was transferred by the Central Government to the Delhi Development Authority (for short, the DDA) vide notification dated 20.8.1974 issued under Section 22 of the Delhi Development Act, 1957 (for short, the DD Act) for the purpose of development and maintenance as Green. The relevant portions of that notification are extracted below: