Delhi Revenue Department's order to open sale and purchase of property in 312 unauthorised colonies on private land with private khasra number, has hit a dead end, with the Delhi High Court putting a question mark over definition of Government land and private land.
Sources in the Government told The Pioneer that the definition of private land given by Urban Development Department has still not been cleared and that after the questioning by Delhi High Court in its recent judgement, there is no point of issuing order of opening sale and purchase in 312 colonies on private land.
"Implementing the order will be a difficult task as there is confusion over definition of private land. Mutation of the property will not be possible as property owner will have to prove the status of land and ownership right after the court order. There is either acquired land or vested in gram sabha land and notified land. There is no private land in Delhi," said the source.
The Revenue Department had issued an order for opening sale and purchase of property in 312 colonies located on private land. It was issued despite strong opposition by Deputy Commissioners of revenue, who reportedly stated that it would create confusion after the high court order regarding private land.
"Sub-registrar may ensure that khasra number of such private land falls within the boundary of these 312 regularised unauthorised colonies. The boundaries may be checked from the maps available on the website of the urban development department. The Geo-spatial department and Urban Development Department will place on its website, authenticated maps of 312 colonies with a layout plan containing khasra numbers, superimposed on base maps with boundaries and sub-registrar will check location of property through these maps," the order said.
It is noted that the Delhi High Court has questioned the definition of private land and Government land given by order and in the name of lt Governor on December 12, 2007. There, it has been stated all lands in respect of which the awards were given, but the land owners did not take compensation and are not retaining the physical possession (in case of land under acquisition proceedings) and all lands vested in goan sabha under Section 81 of the Delhi land Reforms Act 1954, where the physical possession is with the original landowners (for goan sabha land). The High Court order came on a petition of alleging unauthorised construction on public land in village Karala in South West district.
Earlier, Urban Development Secretary RK Srivastava has written to his counterpart in Urban Development Ministry, requesting him to ease the guidelines of unauthroised colonies. "If the guidelines are not ratified, there would be no regularisation of these colonies," the letter said.
That is why the State Government could not be issued gazette notification for regularisation of 895 colonies, which were regularised through notification order dated September 10, 2012 and without gazette notification, there is no regularisation.