Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1957 - ss. 2(52) 507(a) – Delhi Land Reforms Act 150 2(61) 502 1954 – ss. 3(5) Delhi Municipal Corporation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Delhi Municipal Corporation Act, 1957 (66 of 1957) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Delhi Municipal Corporation Act, 1957 : ss. 2(52), 2(61), 502, 507(a) – Delhi Land Reforms Act, 1954 – ss. 3(5), 150 – Delhi Development Act, 1957 – Special provisions as to rural areas – Recorded Bhumidhar sold his land in a village in Delhi to one vide registered sale deed – He again sold some portion of his land to respondents vide sale deed in 1989 and their names were mutated subsequently – Appellants case that before the said sale deed could be executed in favour of the respondents, the appellants had come into possession over the subject land – Appellant never challenged the mutation order claiming adverse possession by filing appeal u/s. 64 of the 1954 Act – Said order of mutation was set aside by Financial Commissioner holding that the said transfer was in contravention of s.33 of the 1954 Act and ordered that the land to be vested in Gaon Sabha – Challenged to, by respondent and the writ petition was dismissed – However, Division Bench held that once by issuance of a notification u/s. 507(a), the rural area-subject land is urbanised, it ceases to be rural area and be governed by the provisions of the 1954 Act in sequel thereto and proceedings under 1954 Act were non est – On appeal, held : On harmonizing the provisions of the 1954 Act and 1957 Act, once a notification has been published in exercise of power u/s. 507(a), the provisions of the 1954 Act cease to apply – In sequel thereto, the proceedings pending under the 1954 Act become non est and loses its legal significance – On facts, to do complete justice to the parties, the appellants directed to hand over physical possession of the subject land free from all encumbrances to the respondents – Constitution of India – Art.142. |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2023 INSC 223 |
Petitioner | Mohinder Singh(dead) Through Lrs And Another |
Respondent | Narain Singh And Others |
SCR | [2023] 2 S.C.R. 256 |
Judgement Date | 2023-03-14 |
Case Number | 3828 |
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