GAON SABHA NANAKHERI Vs. SUCHETA MEMORIAL TRUST

JUDGEMENT

(1.) This Original Reference under Section 113 of the Code of Civil Procedure, 1908 (CPC) is sent by the Deputy Commissioner/Collector (South West) whereby opinion of this Court has been sought as to whether construction of a boundary wall around agricultural land which is governed by the Delhi Land Reforms Act,1954 (hereinafter referred to as "DLR Act" and Delhi Land Reforms Rules,1954 (hereinafter referred to as "DLR Rules") is or is not a prohibited activity under the provision of Section 81 of the Delhi Land Reforms Act or in other words whether the agricultural and relative activities which are specified in Section 81 do not include the work of construction of a boundary wall around agricultural land.

(2.) In order to appreciate and decide the issue, this Court will have to examine the relevant provisions of the Delhi Land Reforms Act, Delhi Land Reforms Rules, Delhi Land Revenue Act, 1954 and Delhi Land Revenue Rules, 196 Let us therefore reproduce the relevant applicable provisions of the aforesaid Acts and Rules:-

(3.) The lands which are the subject matter of the DLR Act are those lands which fall within the definition of "land" contained in Section 3(13), and such lands include all types of lands in a village or rural area. Land in a village or rural area will have lands which are used for agricultural purposes and connected purposes, even abadi lands, lal dora lands which are used for industrial purposes, village pasture lands, gair mumkin pahari land etc. Therefore, it is not as if the land which is comprised in village or rural area only will mean agricultural land or that the DLR Act only applies to agricultural land. DLR Act applies to rural areas or village areas which fall within the jurisdiction of the DLR Act.