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Delhi HC initiates suo moto action on property mutation in urban villages

Synopsis

The Delhi High Court has taken action to assist the residents of over 300 urbanised and declared urban villages in Delhi who face severe difficulties in transferring ownership of their ancestral properties. For years, these villagers have struggled with getting their properties "mutated" into their names, which is essential for repairs, dividing the property, or taking loans. The lack of a clear policy has led to many legal issues and hardships. Local activists are calling for changes to the law.

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The Delhi High Court has taken suo motu action to address the long-standing difficulties faced by residents of over 300 urbanised and "declared urban" villages in transferring ownership of ancestral properties. This move is seen as a major relief for thousands of people who have faced continuous challenges in getting their properties legally recognised or "mutated" in their names. For years, these residents have experienced harassment, especially when trying to repair or renovate their homes or secure loans by mortgaging their properties.

Mutation, the legal process of transferring property ownership and updating government records, is essential for these activities. Without it, residents are unable to obtain building permits, divide properties among family members, or mortgage their homes. Many people in these villages have found themselves caught in legal battles, sometimes due to actions taken by civic authorities or even disputes within their own families. Local leaders have long raised concerns over this issue.

There are 357 villages in Delhi recorded by the revenue department, with 135 villages, including Hauz Khas, Naraina, and Humayunpur, urbanised between the 1950s and 1994. Another 174 villages, such as Kanjhawala and Bawana, were declared urban in 2018 and 2019. The remaining 48 villages are still classified as rural. Once a village is urbanised, the Delhi Land Revenue Act, 1954, no longer applies, leaving these areas governed by the Delhi Municipal Corporation Act. However, this Act lacks clear guidelines for property mutation, especially in areas known as "lal dora" (traditional village lands) and "extended lal dora."

The Delhi High Court's intervention provides much-needed relief to residents of over 300 urbanised villages in Delhi who have long struggled with property ownership issues. With ongoing challenges in property mutation, local activists are advocating for legal reforms and the potential implementation of the Prime Minister's SVAMITVA scheme as a solution. The complex legal landscape, compounded by historical neglect, has left many villagers facing significant hardships. This situation underscores the urgent need for clear policies and effective administration to address these longstanding issues.

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