RUKSANA BANO Vs. GOVERNMENT OF NCT OF DELHI

JUDGEMENT

(1.) The present writ petition has been filed for setting aside ex parte order dtd. 24/6/2010 passed by the Sub Divisional Magistrate (SDM)/Revenue Assistant (RA), Najafgarh, in Case No. 02/2010, by which the land of the petitioners has been vested in the Gram Sabha, Goela Khurd. The present petition has been filed raising the plea that the land in question had been notified beyond the purview of the Delhi Land Reforms (DLR) Act, 1954 after publication of the zonal plan by Delhi Development Authority ("DDA") for South West Delhi, including village Goela Khurd, on 4/6/2010 under the Master Plan for Delhi 2021, thereby rendering the impugned order as without any jurisdiction.

(2.) Prayer has been made for direction to respondents to release and hand over possession of the vested land to the petitioners, on the premise that the vesting is in violation of the notification dtd. 4/6/2010 issued by the DDA and also in violation of the Principles of Natural Justice as the petitioners were not given any hearing before vesting the said land to Gram Sabha by the concerned authority.

(3.) By order dtd. 24/6/2010 issued by the court of SDM/RA (Najafgarh), Government of NCT of Delhi, proceedings under Sec. 81 of the DLR Act were decided thereby declaring that the land in question stands vested in Gaon Sabha, since the said land was being used for non-agricultural purposes. The said order as passed by SDM/RA (Najafgarh) is reproduced as below: