NIRMALA Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) Through this writ petition, the petitioners are seeking a direction for quashing / setting aside Section 50 of the Delhi Land Reforms Act, 1954 (hereinafter referred to as ,the DLR Act?) as being violative of Articles 14, 16 and 19 of the Constitution of India, and also being impliedly repealed by the Hindu Succession (Amendment) Act, 2005. The petitioners are also seeking a direction to the respondents to mutate the disputed agricultural land left by the deceased husband of petitioner No. 1, equally, in favour of the petitioners and respondent Nos. 3, 4 and 5.

(2.) The petitioners herein are the widow (petitioner no. 1) and two minor daughters (petitioner Nos. 2 and 3) of Late Shri Inder Singh, the owner of the disputed land, who died intestate on 15.12.2006. Prior to his marriage with petitioner No.1 (Nirmala), Late Shri Inder Singh was married to another lady called Nirmla (shown as Nihali Devi in the counter-affidavit), with whom he had two sons and a daughter. He married petitioner no. 1 in 1997, after the death of his first wife in 1995. Respondent Nos. 3, 4 and 5 are the children of Late Shri Inder Singh and his first wife.

(3.) Late Shri Inder Singh had bhumidhari rights in respect of agricultural land to the extent of 1/6th share in Khata No. 136/132 consisting of Kh. No. 30/24 (4-16) and Kh. No. 31/13/1/2 (1-8) ad-measuring 6 Bighas 4 Biswas and 1/6th share in Khata No. 78/76 consisting of Kh. No. 35/1 (4-16), 35/2 (4-16), 9/1 (3-14), 10 (4-15), 27 (0-3), 36/4/2 (3-10), 5/2 (4-4), 6 (4-16), 7/2 (2-12), 14/1/2 (1-4), 54/45 (0-18) and 51 (0-2) ad-measuring 35 Bighas 10 Biswas. The total agricultural land ad-measuring 41 Bighas 14 Biswas (hereinafter referred to as the disputed agricultural land) is situated in the revenue estate of village Tazpur Kalan, Delhi.