Shri Rasal Singh (Since Deceased) ... vs Delhi Administration & Ors.
2009 Latest Caselaw 2664 Del

*      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,

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

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

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

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