DELHI DEVLOPMENT AUTHOURITY vs RAJKUMAR KHURANA AND ORS

$~24 & 25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 334/2024 & C.M.Nos.24202-24204/2024 DELHI DEVELOPMENT AUTHORITY ….. Appellant Through: Ms.Manika Tripathy, standing counsel for DDA with Mr.Ashutosh Kaushik, Mr.Rony John and Mr.Aishwary Jaiswal, Advocates. versus NISHA KHURANA AND ORS ….. Respondents Through: None + LPA 335/2024 & C.M.Nos.24206-24209/2024 DELHI DEVLOPMENT AUTHOURITY ….. Appellant Through: Ms.Manika Tripathy, standing counsel for DDA with Mr.Ashutosh Kaushik, Mr.Rony John and Mr.Aishwary Jaiswal, Advocates. versus RAJKUMAR KHURANA AND ORS ….. Respondents Through: None % Date of Decision: 26th April, 2024 HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMOHAN, ACJ: (ORAL)
1. Present appeals have been filed challenging the judgments dated 28th August, 2019 passed by the learned Single Judge of this Court in W.P.(C) 10072/2016 and W.P.(C) 10070/2016, whereby the writ petitions filed by

the respondents were allowed and the orders dated 17th July, 2012 passed by the Court of Revenue Assistant (Najafgarh) under Section 81 of the Delhi Land Reforms Act, 1954 (“DLR Act”) and subsequent orders upholding the orders dated 17th July, 2012 were set aside on the ground of limitation and that pursuant to the passing of the Zonal plan by DDA, the land in question ceased to be an “agricultural land” under Section 3(13) of the DLR Act.

2. Learned counsel for the appellant/DDA states that violation of the DLR Act took place prior to the land being notified as urban area and the notification of the zonal development plan. She contends that the orders dated 17th July, 2012 continue to be legal and valid.

3. A perusal of the paper books reveal that there is more than sixteen hundred (1600) days delay each in filing the appeals.

4. At this stage, learned counsel for the appellant/DDA states that quite a substantial period of this delay is covered by Covid-19 pandemic. However this Court finds that the impugned judgments had been rendered nearly five months prior to the onset of Covid-19 pandemic. Further even if Covid-19 pandemic limitation period is excluded, the clock would again start running from 1st March, 2022.

5. Consequently, the present appeals are dismissed along with the applications on the ground of delay and laches. However, the issue of law is left open.

ACTING CHIEF JUSTICE MANMEET PRITAM SINGH ARORA, J APRIL 26, 2024/KA