G.S. Singhvi, J. - (1.) Leave granted.
(2.) This is an appeal for setting aside judgment dated 21.8.2009 of the learned Single Judge of the Delhi High Court whereby he dismissed the appeal preferred by the Appellants against the judgment and decree passed by Additional District Judge-13 (Central), Delhi (hereinafter described as, the trial Court) in a suit for declaration of title, mandatory and permanent injunction filed by them.
(3.) The suit land belonged to Gaon Sabha of village Kishangarh and formed part of the revenue estate of that village. By notification dated 28.5.1966 issued under Section 507 of the Delhi Municipal Corporation Act, 1957 (for short, the DMC Act), the Municipal Corporation of Delhi (for short, the Corporation), with the previous approval of the Central Government, declared that the localities mentioned in the Schedule forming part of the rural areas shall cease to be the rural areas. The area of village Kishangarh (Mehrauli) was shown at serial No. 37 under the heading "South Zone Delhi". As a consequence of this and by virtue of Section 150(3) of the Delhi Land Reforms Act, 1954 (for short, the Land Reforms Act), the suit land stood automatically vested in the Central Government. After 8 years, the same was transferred by the Central Government to the Delhi Development Authority (for short, the DDA) vide notification dated 20.8.1974 issued under Section 22 of the Delhi Development Act, 1957 (for short, the DD Act) for the purpose of development and maintenance as Green. The relevant portions of that notification are extracted below: MINISTRY of WORKS & HOUSING New Delhi, the 20th August, 1974 S.O. 2190 - - - Whereas the terms and conditions upon which nazul lands specified in the schedule annexed below will be taken over by the Delhi Development Authority have been agreed upon between the Central Government and the Authority. Now, therefore, in exercise of the powers conferred by Sub-section (1) of Section 22 of the Delhi Development Act, 1957 (61 of 1957), the Central Government hereby places with immediate effect, the lands which had vested in the Central Government on the urbanization of the villages specified in the said Schedule at the disposal of the Delhi Development Authority for the purpose of development and maintenance of the said lands as green and for taking such steps as may be required to serve the said purpose, subject to the condition that the Delhi Development Authority shall not make, or cause, or permit to be made any constructions on the said lands and shall when required by the Central Government so to do, replace the said lands or any portion thereof as may be so required, at the disposal of the Central Government. SCHEDULE Sr. No. - name of the Village 17. - Mehrauli (Kishangarh) (F.No. 13021/370-II) S. CHAUDHARY Jt. Secy. ;