SUSHMA KAPOOR Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) Heard learned counsel for parties.

(2.) The petitioner is aggrieved by the initiation of proceedings by the respondents in purported exercise of powers conferred by Sec. 81 of the Delhi Land Reforms Act, 1954 [Act]. It appears from the record that the Halqua Patwari submitted a report on 16/4/2019 asserting that agricultural land comprised in Khasra No.601/2 Min situated in the revenue estate of Village Gadaipur, New Delhi was being used for non-agricultural purposes. The allegation essentially was that certain unauthorized constructions were being raised upon agricultural land. On receipt of that report, the Sub-Divisional Magistrate by an order of 23/4/2019 issued a "Restrainment Order" against the petitioner and directed parties to desist from carrying on further construction on the land in question. On 29/4/2019 a direction was issued for the making of a conditional order. The Revenue Assistant by a communication of 17/5/2019 passed what is described to be a "Conditional Decree" holding that he was satisfied that the land was being put to non-agricultural use and therefore called upon the petitioner to take steps that the same is converted and restored back to its agricultural character within a period of 3 months. It is in the aforesaid backdrop that the instant writ petition came to be filed with the petitioner challenging the orders of 29/4/2019 and 17/5/2019.

(3.) The challenge to the proceeding is principally based on the ground of Revenue Assistant lacking jurisdiction to invoke the provisions of the Act since the land in question had come to be urbanised and would thus cease to fall within the definition of "land" as employed in the Act. The submission essentially proceeds on the basis of the uncontroverted fact that the property stands comprised and covered in a notification dtd. 18/6/2013 issued under Sec. 11-A of the Delhi Development Act, 1957 [DDA Act] and noting that the area would fall in a "Low Density Residential Area" in the concerned urban extension.