* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 1069/1987
Date of decision : 16.07.2009
IN THE MATTER OF :
#SHRI RASAL SINGH (SINCE DECEASED)
THROUGH HIS LEGAL HEIRS ..... Petitioners
! Through: Mr. Ajay Kumar Aggarwal, Adv.
versus
$DELHI ADMINISTRATION & ORS. ........Respondents
^ Through: Ms. Avnish Ahlawat, Adv.
for R-1&2.
None for R-3/UOI.
CORAM
* HON'BLE MS.JUSTICE HIMA KOHLI
1. Whether Reporters of Local papers may be allowed to see the
Judgment? No.
2. To be referred to the Reporter or not? No.
3. Whether the judgment should be reported in the Digest? No.
HIMA KOHLI, J. (ORAL)
The present writ petition has been filed by Sh. Rasal Singh (since deceased) praying inter alia for directions to the respondents to demarcate a plot of land measuring 3 Biswas in Khasra No.240, W.P.(C) 1069/1987 Page 1 of 5 situated in the revenue estate of Village Begumpur, Malviya Nagar, New Delhi (hereinafter referred to as `the plot') and to restrain the respondents from creating any obstruction in the demarcation of the aforesaid plot of land of the petitioner by raising a boundary wall around it.
2. Counsel for the petitioners submits that the petitioners confine their relief in the present writ petition to the relief of demarcation of the plot in question.
3. In a nutshell, the facts of the case are that in a public auction held by the respondent No.3, Ministry of Rehabilitation on 19.11.1960, late Rasal Singh, the predecessor-in-interest of petitioners, purchased the plot for a sum of Rs.180/-. Upon declaring Sh.Rasal Singh as the purchaser of the aforesaid plot, a sale certificate was issued by the respondent No.3 in his favour, which was registered with the Sub-Registrar, New Delhi on 27.6.1961. Physical possession of the plot is stated to have been handed over to Sh.Rasal Singh in the very same year, i.e., in 1960, even before the registration of the sale deed took place. The plot in question was mutated by the revenue authorities in their records in favour of the predecessor-in-interest of petitioners in the month of September, 1962. It is contended that ever W.P.(C) 1069/1987 Page 2 of 5 since, they remained in possession of the plot of land. Sometime in the year 1987, Sh.Rasal Singh decided to raise a boundary wall around his plot. He, therefore, requested the revenue authorities to demarcate his plot. Thereupon, the revenue officials visited the site on 26/27.2.1987 and started the demarcation proceedings, but left the same incomplete thus, compelling the predecessor-in-interest of petitioners to file the present petition.
4. None has appeared for the UOI despite the fact that this matter has remained on the regular board since 1.7.2009. Perusal of the order sheet shows that none appeared for the respondent when the writ petition was restored vide order dated 24.11.2008.
5. Counsel for the petitioners states that a perusal of the counter affidavit filed by the respondent No.3/UOI also supports the submission made in the writ petition insofar the factual matrix is concerned. A perusal of the counter affidavit filed by the respondent No.3 shows that it is undisputed that the plot in question was sold to the petitioner in the year 1960, by virtue of a sale certificate executed in his favour. It is however stated that the plot was wrongly auctioned by the Competent Authority. As a result, the Custodian of Evacuee Property filed a revision petition under Section 15 of the Evacuee W.P.(C) 1069/1987 Page 3 of 5 Interest (Separation) Act, 1954 in the court of the Appellate Officer for setting aside the auction sale and the sale certificate issued to Shri Rasal Singh, in respect of the plot in question on the grounds that the said land was acquired under Section 3 of the Re-settlement Act, 1948 vide notification dated 13.9.1948. It is further stated in the counter affidavit that possession of land was also taken by the Land Acquisition Collector on 4.7.1959 and an award was announced. However, as the Custodian of Evacuee Property was unaware of the acquisition proceedings, he erroneously put the plot to auction and a sale certificate was issued in favour of Sh. Rasal Singh in the year 1961.
6. Counsel for the petitioners submits that during the pendency of the present writ petition, an order dated 5.5.1992 was passed by the learned Additional District Judge, dismissing the revision petition preferred by the Custodian of Evacuee Property, on account of the same being barred by limitation. A copy of the said order is placed on the record alongwith CM 6547/2008. He further submits that as there is no further defence taken by the respondent No.3 in its counter affidavit except for referring to the pendency of the revision petition which has also been disposed of and against which no appeal has been preferred by the UOI, the present petition is liable to W.P.(C) 1069/1987 Page 4 of 5 be allowed.
7. Taking into consideration the stand taken by the respondent No.3/UOI, as is apparent from a perusal of its counter affidavit and the subsequent order dated 5.5.1992 passed by the learned Additional District Judge, Delhi in the Revision Petition preferred by the respondent No.3, this Court has no option, but to grant to the petitioners, the relief sought in the present writ petition to the extent that the respondents are directed to demarcate the plot of land measuring 3 Biswas in Khasra No.240, situated in the revenue estate of Village Begumpur, Malviya Nagar, New Delhi, in respect of which a Sale Certificate was issued in favour of Late Rasal Singh and registered with the Sub-Registrar on 27.6.1961.
8. The writ petition is disposed of, with no orders as to costs.
HIMA KOHLI,J JULY 16, 2009 sk W.P.(C) 1069/1987 Page 5 of 5