Delhi HC Initiates Suo Motu Action on Property Mutation Challenges in Urbanized Villages.

NEW DELHI: The Delhi High Court has taken suo motu notice of the difficulties faced by residents of over 300 “old urbanized” and “declared urban” villages in transferring or “mutating” their ancestral properties.

This move has brought much-needed relief to thousands of people living in these areas. Many of them have struggled for years with bureaucratic hurdles when trying to repair or renovate their homes or secure loans by mortgaging their properties.

Mutation, a critical document required for applying for a building plan, dividing property among family members, or mortgaging, is a legal process that transfers property ownership and reflects the change in the local authorities’ revenue records.

However, residents of “old urbanized” and “declared urban” villages have often been drawn into legal battles due to civic agency challenges or disputes within their families.

According to Delhi’s revenue department, of the 357 recorded villages, 135 were urbanized between the 1950s and 1994, including Hauz Khas, Humayunpur, Naraina, and Budhela. Another 174, such as Jhuljhuli, Jaunti, Nagal Thakra, Kanjhawala, and Bawana, were declared urban in 2018 and 2019, while the remaining 48 are still classified as urban.

Once villages are urbanized or declared urban, the Delhi Land Revenue Act of 1954, under which mutation is traditionally done, no longer applies. These villages fall under the Delhi Municipal Corporation Act, which lacks a clear mutation policy for properties in “lal dora” and extended “lal dora” areas, causing further complications.

Surendra Solanki, head of Palam 360 Khap, pointed out that the problem of property non-mutation has persisted since the first villages were urbanized. “Instead of addressing the issue, the government continued urbanizing villages without considering the consequences.

That’s why many Delhi villages have turned into slums,” Solanki remarked. He urged the government to amend relevant laws to resolve this issue. Solanki also highlighted a planned protest at Jantar Mantar on September 15 to raise awareness of the difficulties faced by village residents.

Paras Tyagi, co-founder of the NGO Centre for Youth, Culture, Law, and Environment, emphasized that the Prime Minister’s SVAMITVA scheme could offer a solution by granting ownership rights to residents of “lal dora” areas. However, he noted that the scheme has yet to be implemented in Delhi.

Tyagi added that there has long been bias against the native residents of Delhi villages, whether it concerns “lal dora” or agricultural land, both of which remain unmutated, restricting access to credit facilities.

Tyagi further explained that while the revenue department has settlement records for Delhi villages dating back to 1864-1908, which document ownership of “lal dora” and other lands, the practice of maintaining these records was discontinued by the Delhi administration.

Many ancestors of current residents were unaware of the need for mutation in the city’s fast-paced environment, exacerbating the problem.