Chandan Singh v. State Govt of NCT of Delhi

1. The present application has been filed under Section 151 CPC for exemption from filing typed/clear/translated/certified/original copies of the documents along with affidavit.

2. Allowed, subject to just exceptions. Application is disposed of.

3. By way of the present petition, the petitioner is aggrieved by the inaction of the respondents in not concluding the re-demarcation process under the Delhi Land Revenue Act, 1954. It is submitted that the said process is pending since 2020 in respect of Khasra No. 1574- 1575, Village Fatehpur Beri, New Delhi. It is submitted that though payments amounting to Rs.1,79,500/- towards the fee of the TSM Surveyor and Local Commissioner have been made by the petitioner in the year 2020, the process of demarcation has not been completed till date.

4. It is the case on behalf of the petitioner that the petitioner is owner of 10 Bigha of land, which forms part of the subject property. Due to an ongoing dispute with the third party with regard to the area of land in the subject property, petitioner had applied for demarcation of said property by means of Total Station Method (TSM).

5. The initial demarcation of the subject property was conducted by the respondents using an external agency namely, Habib Surveyor & Design Pvt. Ltd. However, the demarcation report submitted by the said agency on 30.08.19 was not acceptable to the petitioner. Thus, several objections were raised by the petitioner in respect thereto, including the fact that the concerned Tehsildar was not present at the spot when the said report was prepared. Later, the said external agency was blacklisted by SDM Mehrauli on 03.09.2021, in respect of a similar submission of an incorrect report in another case.

6. It is submitted on behalf of the petitioner that the petitioner had paid charges amounting to Rs.1,00,000/- for getting the demarcation done by the external agency, which ought to be refunded to the petitioner.

7. It transpires from the record that against the incorrect demarcation report submitted by the aforesaid external agency, the petitioner has approached SDM, Mehrauli seeking re-demarcation of the subject property. The same was allowed vide order dated 05.12.2019. Accordingly, respondent No.6 was appointed as the TSM Surveyor and respondent No.5 was appointed as the Local Commissioner for conducting the re-demarcation of the subject property by respondent No.3.

8. It is the case on behalf of the petitioner that despite payment of the requisite fee of around Rs. 1,79,500/- in 2020, the final report in case of re-demarcation of the subject property has not been finalized till now. During the interregnum, the petitioner sent several letters to the respondents to seek explanation in this regard. However, no concrete response has been received as yet.

9. Ld. Counsel for petitioner has drawn the attention of this Court to letter dated 07.04.2021 received from the Surveyor, vide which the petitioner was informed that the Surveyor had completed most of the work and only Ground Toothing work was pending at the subject property which was a one-day job. Thus, it is submitted that directions may be issued to respondents to complete the re-demarcation process at the earliest.

10. Issue notice. Notice is accepted by ld. Counsel appearing on behalf of respondent Nos. 1 to 5. She submits on instructions that they have no objection if directions are passed by this Court for expeditious re-demarcation by the respondents.

11. Considering the fact that the Surveyor has already by his letter dated 07.04.2021 indicated that most of the work has already been completed by the Surveyor and only one day work is remaining, it is directed that work of re-demarcation of the petitioner’s land be concluded by the respondents expeditiously, preferably within one month from today.

12. With the aforesaid directions, the present writ petition is disposed of, along with pending application. MINI PUSHKARNA, J FEBRUARY 1, 2023