Lack of Property Mutation Policy for Urbanized Villages
The Delhi High Court initiated a suo motu Public Interest Litigation (PIL) addressing the absence of a property mutation policy for villages designated as urbanized. A division bench led by Acting Chief Justice Manmohan and Justice Tushar Rao Gedela recognized the absence of clear laws to facilitate property mutation for such areas under the Delhi Development Authority (DDA) Act, 1957. This has deprived many villagers of their legal rights to transfer or register inherited property within the urbanized regions of Delhi.
Impact of Legal Vacuum on Villagers
The absence of a formal mechanism for mutation post-urbanization is adversely affecting the urban poor. Without proper property documentation, residents are unable to access crucial benefits such as government schemes, credit facilities for construction or renovation, and opportunities in land pooling initiatives by the Delhi government. The court identified this lack of policy as a potential violation of constitutional rights, specifically referencing Article 21, which guarantees the right to life and liberty, and Article 300A, which protects the right to property.
Government Agencies Involved
In its order, the court issued notices to several government bodies, including the Delhi Government, the Land and Development Office (L&DO), the Ministry of Urban Development, the Municipal Corporation of Delhi (MCD), and the Delhi Development Authority (DDA). The court emphasized the need for these agencies to address the issue promptly, ensuring that a policy or legal framework is established to resolve the mutation challenges faced by residents of urbanized villages.
Origin of the Suo Motu PIL
The court's attention was drawn to this issue during a visit by Supreme Court judge Justice Sanjiv Khanna and Acting Chief Justice Manmohan to Jaunti Village in North West Delhi. The visit was part of an event organized by the Delhi State Legal Services Authority (DSLSA) on August 10, 2024. During the interaction, villagers raised concerns regarding the delays and difficulties they face in getting their inherited properties officially mutated in their names despite submitting all necessary documents. These difficulties are exacerbated by the urbanization process, which has halted the mutation of property records.
Government Response and Legal Gaps
The villagers reported that the government agencies responsible for processing their mutation requests have repeatedly cited the urbanization of their villages under Section 507(a) of the Delhi Municipal Corporation Act, 1957. This change in the village's status from rural to urban has resulted in the suspension of mutation processes, with no alternative provided to address these concerns. The High Court noted that the problem is widespread, affecting numerous other villages in Delhi that have been similarly urbanized but lack a functional mutation policy.
2019 Notification and Its Impact
According to a 2019 notification, the Delhi Government’s Revenue Department stopped maintaining land records for urbanized areas. This decision has further complicated the situation for residents seeking to transfer property ownership, as their villages are no longer considered part of rural areas under the Delhi Municipal Corporation Act. Despite this shift, no new policy framework has been introduced to fill the gap left by the cessation of rural land record maintenance, leaving many property owners in legal limbo.
Fundamental Rights and the Urgency of Addressing the Issue
The Delhi High Court recognized the situation as a violation of fundamental rights, emphasizing the need for immediate action. The inability to mutate property records threatens the villagers’ ability to manage and dispose of their immovable assets, which, in turn, affects their economic stability and access to essential services. The court’s intervention aims to compel the relevant government bodies to implement a solution that will safeguard the constitutional rights of these villagers.
Court's Next Steps
The court has scheduled the matter for further hearing on October 25, 2024. During this time, the concerned authorities are expected to provide their responses and outline any steps they intend to take to rectify the absence of a mutation policy. The outcome of this case will have significant implications for the governance and administration of land rights in Delhi's urbanized villages.
In conclusion, the Delhi High Court's suo motu action highlights the urgent need for a coherent property mutation policy in urbanized villages. The lack of such a policy not only hinders villagers' access to legal property rights but also has broader implications for economic development and governance in the region.
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