LAWS(DLH)-2023-1-64

MAHAJAN INDUSTRIES PVT. LTD. Vs. GAON SABHA CHATTARPUR

Decided On January 04, 2023
Mahajan Industries Pvt. Ltd. Appellant
V/S
Gaon Sabha Chattarpur Respondents

JUDGEMENT

(1.) The present writ raises the issue on the aspect that once land in question has already been urbanised, then proceedings under Sec. 81 of the Delhi Land Reforms Act, 1954 (DLR Act) would become non-est and would not be maintainable.

(2.) The present case pertains to land of the petitioner comprised in Khasra No. 1274 Min, 1275, 1276/2, 1279/2, total ad-measuring 15 bighas 4 biswas situated at Village Chattarpur, New Delhi which is presently also known as DLF Chattarpur Farms, Chattarpur, New Delhi-110074. Proceedings with respect to the aforesaid land in question under Sec. 81 of the DLR Act were instituted in the year 2003. Pursuant thereto, an order in the nature of conditional decree dtd. 31/8/2015 came to be passed by the Revenue Assistant/SDM (Saket), Revenue Department, District South, Government of NCT of Delhi. Against the aforesaid order/conditional decree dtd. 31/8/2015, the present writ petition has been filed.

(3.) From the documents on record, it is clear that the village in question, i.e., Chattarpur Village is part of the list of villages in area of Abadi in Zone J, as per the Master Plan of Delhi- 2021 (MPD-2021). The MPD-2021 enlists the villages situated in area of Abadi in Zone J. Chattarpur is shown at S.No.11 of the said list as given in MPD-2021. As per the MPD-2021, Zone J is shown as an area under an urban extension. The extract from MPD-2021 showing Zone J as an urban extension is reproduced as under: