LAND REFORMS ACT CEASES TO APPLY AFTER URBANIZATION NOTIFICATION: UNDER DELHI LAND REFORMS ACT – SC
In a landmark judgment, the Supreme Court of India has ruled that once a notification is issued declaring rural areas to be urbanized, the provisions of the Delhi Land Reforms Act, 1954 cease to apply. The judgment resolves a long-standing land dispute and provides clarity on the effect of urbanization on the application of relevant acts.
Quoting from the judgment, the bench comprising Justices Ajay Rastogi, C.T. Ravikumar, and Bela M. Trivedi stated, “Once a notification has been published under Section 507(a) of the Delhi Municipal Corporation 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 lose their legal significance.”
The case involved a dispute over possession of land, and the judgment brings relief to the respondents who had been struggling for over three decades to assert their ownership rights. The Court invoked Article 142 of the Constitution to ensure justice, ordering the appellants to hand over physical possession of the land within two months.
Highlighting the significance of the Delhi Development Act, 1957, the Court emphasized that it does not distinguish between rural and urban areas. The Act, which aims at the development of Delhi according to sanctioned master plans, was considered a complete code in itself for land disposal purposes.
The judgment also addressed the relevance of previous decisions, including the case of Smt. Indu Khorana, which upheld the view that the Act, 1954 does not apply once an urbanization notification is issued. The Court, however, disagreed with the judgment in Umed Singh, which examined the impact of the Consolidation and Prevention of Fragmentation Act, 1948 in relation to the Act, 1957.
With the dismissal of the appeal, the pending civil suit related to the land dispute stands disposed of. The Court’s decision emphasizes the importance of ensuring timely resolution of land disputes and protecting the rights of rightful owners.
Date of Decision: March 14, 2023
MOHINDER SINGH(DEAD) THROUGH LRS VS NARAIN SINGH AND OTHERS
