Sanjeev Malhotra vs Lt. Governor Of Delhi & Others
2010 Latest Caselaw 1532 Del

40
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

+      W.P.(C) 14360/2004

       SANJEEV MALHOTRA                  ..... Petitioner
                       Through          Mr. Ravinder Sethi, Sr. Adv. with Mr.
                                        A.K. Sen, Adv.

                    versus

       L.G.OF DELHI & ORS.              ..... Respondent
                          Through       Ms. Zubeda Begum and Ms. Sana Ansari,
                                        Advocates.

       CORAM:
       HON'BLE MR. JUSTICE SANJIV KHANNA
           ORDER

% 18.03.2010

1. The petitioner admittedly has right on 1 bigha of land in Khasra No.1521

and on 10 bighas and 3 biswa of land in other Khasra numbers as mentioned in

the prayer clause, in the revenue estate of village Asola. The allegation of the

respondent is that the petitioner is in occupation of the excess land in Khasra

No.1521 and is occupying forest land.

2. Pursuant to the directions given by this Court, demarcation of Khasra

No.1521 was carried out and the demarcation report dated 4 th June, 2007 has

been filed. As per the said demarcation report, Khasra No.1521 consists of 19

bighas and 9 biswa of land and is under possession of the following persons:-

     Area                Name of the owner

3 bigha                  Ramesh Bajaj



WPC No.14360/2004                                                           Page 1
 1 bigha                   M/s R.R.B. Consultants
                          & Engineers Pvt. Ltd.
1 bigha                   Sh. Sanjeev Malhotra
                          (petitioner herein)
14 bigha 9 biswa          Forest     Department,
                          GNCT (Ridge Land).

3. As per the demarcation report, the petitioner has constructed a house on

1 bigha of land in khasra No.1521 but the swimming pool, temple and servant

quarters have been constructed on the land belonging to the Government of NCT

of Delhi.

4. It is also the contention of the respondent that other land belonging to the

petitioner is not adjoining or contiguous to Khasra No.1521 and is located in

other Khasras and is encroached upon by third parties.

5. Counsel for the petitioner on instructions disputes the said allegation and

states that the entire land belonging to the petitioner is in one block and the

Khasra No.1521 and other Khasra numbers in which the petitioner owns land, are

contiguous and adjoining. Counsel for the petitioner disputes the demarcation

report dated 4th June, 2007 and states that no fixed points were located before

carrying out the demarcation. In fact, the requirement of law is that three fixed

points have to be located.

6. The respondent will produce before this Court site plan of the land with

relevant Khasra numbers, so that it can be established whether the land of the

petitioner is located in one block and in Khasra numbers which are contiguous

and adjoining to each other. Counsel for the respondent will also examine

WPC No.14360/2004 Page 2 whether satellite map and digital maps of the village are available.

Relist on 21st April, 2010.

Dasti to the counsel for the parties under signature of the Court Master.

SANJIV KHANNA, J.

       MARCH 18, 2010
       NA




WPC No.14360/2004                                                            Page 3