Full Text
HIGH COURT OF DELHI
Date of Decision: 26th April, 2023
COL MAHINDER SINGH ..... Petitioner
Through: Mr. Bhagabati Prasad, Advocate (Ph. 9350209833, e-mail: bhagabati_pp@yahoo.com)
Through: Mr. Prashant Manchanda, ASC, GNCTD for R-1 & 2 with
Ms. Khushboo Tomar, Ms. Jasleen Kaur, Ms. Nancy, Mr. Vansh Chawla, Mr. Vaibhav, Advocates.
MINI PUSHKARNA, J. (ORAL):
JUDGMENT
1. Exemptions allowed, subject to just exceptions.
2. Applications stand disposed of accordingly. W.P.(C) 4167/2023 and CM APPL. 16149/2023
3. The present petition has been filed with the prayer for effecting mutation of the land of the petitioner in Khasra No. 402/95 Min (1-18) situated in village Masoodpur, Tehsil and Sub-Division, Vasant Vihar, New Delhi, in the name of the legal heirs of original bhumidar late Smt. Saroj Devi.
4. At the outset, learned counsel for respondent Nos. 1 and 2 appearing on advance notice submits that the village in question i.e. Village Masoodpur already stands urbanised way back in the year
1972. Thus, he submits that the appropriate authority for effecting mutation would not be the Tehsildar or the Sub-Divisional Magistrate (SDM) of the area, but the Municipal Corporation of Delhi (MCD) or the Delhi Development Authority (DDA), under whose area the land in question would fall.
5. Considering the aforesaid submissions, learned counsel appearing for the petitioner submits that he may be allowed to represent before the concerned authorities viz. DDA and MCD for the purposes of effecting mutation.
6. Liberty is granted to the petitioner to approach the appropriate authorities of the MCD or the DDA with prayer for carrying out the mutation in the name of the legal heirs of the original owner/ bhumidar of the land in question.
7. As and when a representation/ application is made on behalf of the petitioner to the concerned authority for the purposes of effecting mutation, the said application shall be dealt with expeditiously.
8. With the aforesaid liberty, the present writ petition and the application are disposed of. MINI PUSHKARNA, J APRIL 26, 2023