Baldev Singh & Ors v. Neha Bansal & Anr

1. Having heard the learned counsel for the parties present apart from Mr.Anupam Srivastava, learned standing counsel for the Government of National Capital Territory of Delhi [‘GNCTD’], it is brought to the fore that the Division Bench of this Court vide judgment dated 23.01.2018 in WP(C) No.5083/2014 declared that the acquisition proceedings with respect to the „subject land‟ belonging to the petitioners vide notification dated 11.03.1964 issued under Section 4 of the Land Acquisition Act, 1894, (hereinafter referred to as the „Act‟) were deemed to have lapsed, becoming inapplicable and expired.

2. Resultantly, this Court directed that necessary corrections be made in the Revenue Records.

3. Although it is recorded in the order dated 01.11.2019 that the learned Additional Standing counsel stated on instructions that the aforesaid order dated 23.01.2018 shall be complied with in letter and spirit, however, probably on account of the COVID-19 pandemic period and other functional delays, the matter had not been taken up.

4. Incidentally, in the order dated 10.05.2024, it was recorded that the respondents would come back with specific instructions as to whether it is the revenue authorities or the Delhi Development Authority [“DDA”], which has to carry out the requisite change.

5. Today, the learned counsel for the respondents appearing through VC and Mr.Anupam Srivastava, learned standing counsel for the GNCTD have urged that since the area in question stands urbanized, the appropriate remedy for the petitioners would be to approach the Municipal Corporation of Delhi [‘MCD’] in terms of Section 507(a)1 of the Delhi Municipal Corporation Act, 1957 as amended up-to-date. In this regard, reference is invited to a decision 1 507. Special provisions as to rural areas.— Notwithstanding anything contained in the foregoing provisions of this Act,— (a) the Corporation with the previous approval of the *** Government, may, by notification in the Official Gazette, declare that any portion of the rural areas shall cease to be included therein and upon the issue of such notification that portion shall be included in and form part of the urban areas; by the Division Bench of this Court in Kamaljeet Bajwa v. GNCTD[2]

6. At the outset, this Court finds the plea raised by the learned counsel for the respondent is untenable in law. Although the area in question viz. Village Tihar, Delhi stands urbanized long time back, the plea that the petitioners should approach the MCD for mutation is legally not sustainable since elementary, as it may look, the mutation by the MCD is only for the purposes of imposition of assessment and levy of house tax besides making available other services that are being provided by the MCD.

7. A bare perusal of Section 263 and 274 of Delhi Land Revenue Act, 1954[5] [“DLRA”] would show that it is the Deputy Commissioner who is enjoined upon to make corrections of any mistake or error in the Annual Register maintained in terms of Section 216 of the DLRA. LPA 609/2022 (2023:DHC:4949-DB)

26. Correction of mistake or error in Annual Register—The Deputy Commissioner may, on his own motion and, shall, on the application of any person, correct any mistake or error in the Annual Register.

27. Settlement of disputes as to entries in Annual Register—(1) All disputes regarding entries in the Annual Register based on the question whether a particular area of land is held and occupied for a public purposes or a work of public utility' shall be referred to the Deputy Commissioner, who shall direct the party concerned to obtain a declaration of the Chief Commissioner under subsection (4) of Section 1 of the Delhi Land Reforms Act, 1954. (2)All other disputes regarding entries in the Annual Register shall be decided by the Tehsildar on the basis of possession. (3)If in the course of an inquiry into a dispute under sub-section (2), the Tehsildar is unable to satisfy himself as to which party is in possession, he shall ascertain by summary inquiry who is the person best entitled to the land, and shall put such person in possession. (4)No order as to possession passed under this section shall debar any person from establishing his right to the land in any civil or revenue Court having jurisdiction. Explanation—The term „possession' in this section means possession based on admission, succession, transfer or lease referred to in Section 22.

21. (1) The Deputy Commissioner shall maintain the records-of-rights, and for that purpose shall annually, or at such longer intervals as the Chief Commissioner may direct, cause to be prepared an amended register mentioned in section 20; and the register so prepared shall be called the Annual Register. (2) The Deputy Commissioner shall cause to be recorded in the Annual Register all changes that may take place and any transaction that may affect any of the rights or interests recorded, and shall Incidentally, the designation „Deputy Commissioner‟ as per Section 3(2) of the DLRA means the „Collector‟. It is also pertinent to mention that Chapter IV of the DLRA also provides for “Revision of Maps & Revenue Records” under the aegis of the Chief Commissioner of Delhi.

8. Insofar as the decision in Kamaljeet Bajwa (supra) is concerned, it has no application in the instant matter since it was a case where there were common land disputes amongst the parties with regard to demarcation of their respective land and it is only in the said backdrop it was held that once an area is urbanized, the Revenue Authorities cease to have any say in such land. Anyhow, it is also pointed out that the said decision is under review and the matter is pending adjudication before the Division Bench of this Court.

9. In the instant matter, evidently, the land in question had been sought to be acquired under the Act and eventually, the relevant notification under Section 4 of the Act and the consequence thereof, were held to be inoperative. It was also recorded that no fresh notification had been passed under Section 6 of the Act till the date of judgment and the period of two years prescribed under Section 43(2) of the Land Acquisition (Amendment and Validation) Act, 1967 had also lapsed.

10. Therefore, the ball certainly remains in the court of the Revenue Authorities to correct the entries in the revenue record and show the therein correct any errors proved to have been made in the record-of-rights of in any Annual Register previously prepared. (3) No such change or transaction shall be recorded, without the order of the Deputy Commissioner, Revenue Assistant or, as hereinafter provided, of the Tahsildar or any other court as constituted under any law for the time being in force petitioners as Bhumidars/Land owners of the land in question.

11. Accordingly, the Deputy Commissioner concerned is directed to correct the entries in the revenue record and mutate the name of the petitioner in the revenue record within 15 days from today, failing which the Deputy Commissioner concerned shall be personally liable to be held guilty of contempt of this Court and may be imposed with penalty/cost of Rs.1,000/- per day of default which shall be recovered from his salary.

12. Compliance report be filed before this Court on or before 16.12.2024.