LT GOVERNOR OF DELHI Vs. GURPRATAP SINGH

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent applicable to this Court, is directed against order, dated April, 2004, passed by the learned Single Judge, where order passed by the Revenue Assistant (Hauz Khas) on 31 July, 2003, directing ejectment of the petitioner from the subject land and its vesting in the Gaon Sabha has been quashed. By the said order, which was affirmed by the Collector and the Financial Commissioner, the Revenue Assistant had held that the approval obtained by the petitioner from the Delhi Development Authority (DDA for short) and the Municipal Corporation of Delhi (MCD for short) for construction of a motel could not supersede the provisions contained in Section 23 of the Delhi Land Reforms Act, 1954 (for short 'the Land Reforms Act') and, therefore, in the absence of permission to change land user under the said provision, construction of motel cannot be permitted, even if the plans for construction of the motel had been sanctioned by the MCD on writ petitioner's (respondent No. 1 herein) depositing approx. Rs. 45 lakhs.

(2.) Although the Lt. Governor of Delhi has been cited as the first appellant along with the Director of Panchayat, Gaon Sabha, Sultanpur, SDM/ Revenue Assistant, we are not sure as to the whether the appeal has been filed with the approval of the Lt. Governor. We say so because the supporting affidavit has been filed by a Block Development Officer. Since the stand of the appellants is that the gazette notification, circulars and clarification issued by the Ministry of Urban Affairs and Employment, Government of India are not binding on the authorities exercising their jurisdiction under the Land Reforms Act, we shall proceed on the basis that the appeal has been preferred with the approval of the Lt. Governor.

(3.) Lands situated in Village Sultanpur were being used for agricultural purposes. In the master plan the lands were shown in the green belt. Under the provisions of Sections 22 and 23 of the Land Reforms Act, there are certain restrictions on such land user, due to which the lands could be used for agriculture, horticulture, animal husbandry and allied uses. However, by a notification dated 16 June, 1995, the Central Government, in exercise of its power under Section 44 of the Delhi Development Ac, 1957, modified the master plan for Delhi. The relevant portion of the said notification reads as follows: