Once An Area Is Urbanised Under Delhi Municipal Corporation Act, Such Land Ceases To Be Governed By Delhi Land Reforms Act- SC
The Supreme Court has observed that once an area has been urbanized by virtue of notification under the Delhi Municipal Corporation Act, 1957 the land ceased to be governed by the provisions of the Delhi Land Reforms Act, 1954 in sequel thereto.
The Court further directed the appellants to hand over the physical possession of the land to the respondents, who was undisputedly the title holder and was denied the right to enjoy the property for the last 32 years.
The Bench of Justice Ajay Rastogi, Justice C.T. Ravikumar, and Justice Bela M. Trivedi observed that “After harmonizing the provisions of the Act, 1954 and Act 1957, we are of the considered view that once a notification has been published in exercise of power under Section 507(a) of the Act, 1957, the provisions of the Act, 1954 cease to apply. In sequel thereto, the proceedings pending under the Act, 1954 become non est and loses its legal significance.”
The Bench upheld the decision of the Delhi High Court and said that “it gives a fresh life to the respondents to go ahead in taking possession of the subject property despite the fact that registered sale deed dated 4th May, 1989 was executed in their favour by Maman Singh (Bhumidhar) but they are still deprived of possession and the defence of the appellants in counter is that they are in possession of the subject land by adverse possession.”
Senior Advocate Rakesh Dwivedi appeared for the appellants and Senior Advocate Vikas Singh appeared for the respondents.
The appeal was preferred against the judgment of the Delhi High Court wherein it was held that once the rural area was urbanized by the issuance of a notification under Section 507(a) of Act 1957, it ceased to be governed by the provisions of Act 1954 in sequel thereto and held that the proceedings under Act 1954 were non-est.
The issue dealt with by the Court was that once the rural area was urbanized by issuance of notification under the Act 1957, what would be the effect to the provisions of the Act, 1954 in sequel thereto.
After considering the relevant provisions, the Apex Court noted that once there was a notification issued by the competent authority in the exercise of power under Section 507(a) of the 1957 Act that if the Gaon Sabha ceased to be included in rural areas, the jurisdiction of the Gaon Sabha for that area was ceased.
The Apex Court said that the registered sale deed dated was executed in favour of the respondents by Maman Singh (Bhumidhar) but they were still deprived of possession and the appellants were in adverse possession of the said land.
Accordingly, the Apex Court dismissed the appeal and directed the appellant to hand over the possession of the property to the respondents.
Cause Title- Mohinder Singh (Dead) through LRs. & Anr. v. Narain Singh and Ors.