MOHINDER SINGH(DEAD) THROUGH LRS AND ANOTHER versus NARAIN SINGH AND OTHERS

Citation: [2023] 2 S.C.R. 256 · Decided: 14-03-2023 · Supreme Court of India · Bench: AJAY RASTOGI · Disposal: Dismissed

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2023] 2 S.C.R.
[2023] 2 S.C.R. 256
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MOHINDER SINGH(DEAD) THROUGH LRS AND ANOTHER
v.
NARAIN SINGH AND OTHERS
(Civil Appeal No (s). 3828 of 2017)
MARCH 14, 2019
[AJAY RASTOGI , C. T. RAVIKUMAR AND
BELA M. TRIVEDI, JJ.]
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.
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Dismissing the appeal, the Court
HELD: 1.1 The combined reading of the provisions clearly
indicates that the Delhi Land Reforms Act, 1954 will not cover
such area as defined in the first instance which may or before the
first day of November, 1956 be included in a Municipality. The
‘land’ which has been defined u/s. 3(13) provides that except in
sections 23 and 24, such of the land held or occupied for purpose
connected with agriculture, horticulture or animal husbandry
including pisciculture and poultry farming and further includes
other categories which are part of land but at the same time, it
does not include land occupied by building in belts or areas
adjacent to Delhi town. [Para 25][268-D-E]
1.2 ‘Delhi town’ has been defined under Section 3(5) of the
Act which clearly defines that areas which immediately before
the establishment of the Municipal Corporation of Delhi were
included in the limits of Delhi Municipality. There is complete
exclusion of the land occupied by buildings adjacent to Delhi town
which falls before the establishment of Municipal Corporation of
Delhi and is not a land covered for the purpose by deciding rights
of the parties under tenure holder under Chapter II of the Act,
1954. [Para 26][268-F-G]
1.3 Section 150(3), (4) and (5) of the Act indicate that if the
Gaon Sabha area ceases to be included in rural areas as defined
in the Act, 1957 by virtue of notification under Section 507 of the
Act, the Gaon Sabha shall thereupon stand dissolved or if a portion
of Gaon Sabha area ceases to be included in rural areas as
aforesaid, the jurisdiction of the Gaon Sabha for that area ceases
in respect of that portion and for that portion stands dissolved or
to that extent, the size of the Gaon Sabha stands reduced as a
result of a portion ceasing to be included in rural area. [Para
27][268-G-H; 269-A]
1.4 The Act, 1957 has been primarily enacted to have a
uniform body to administer the Delhi Municipal Corporation to
consolidate various bodies, local authorities, looking after the
municipal affairs and to centralise for better administration and
to overcome the problems being faced by various authorities as
well as by the public. Section 2(52) defines the ‘rural areas’ which
MOHINDER SINGH(DEAD) THROUGH LRS AND ANOTHER
v. NARAIN SINGH AND OTHERS
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SUPREME COURT REPORTS
[2023] 2 S.C.R.
demonstrates that the area of Delhi which immediately before
the establishment of a Corporation, falls within the local limits of
the Distr

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