Delhi High Court
Desh Raj vs Union Of India And Ors. on 9 July, 2015
Author: Rajiv Shakdher
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 590/2013
DESH RAJ ..... Petitioner
Through: Mr. R.D. Sharma, Mr.Rajat Sharma
and Mr. Chetan Sharma, Advs.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Virat Anand, Adv. for R8.
Mr. Ajay Verma, Adv. for DDA.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 09.07.2015
CM No.17142/2013 (for review of order dt. 14.3.2015)
1. This is an application filed on behalf of respondent No.5, for recall of
order dated 14.3.2013, passed in writ petition No.590/2013.
2. To be noted, vide order dated 14.3.2013, my predecessor had disposed
of the writ petition with a direction that demarcation proceedings be carried
out in respect of Khasra No.30/2/2, falling in the revenue estate of village
Mandawali, Fazalpur, Delhi -110092.
3. For the sake of brevity the order is not extracted herein.
3.1 It is, however, noticed that in the order, the learned Judge had noticed
that respondent No.5 had expressed his difficulty with regard to demarcation
of the subject land. The learned Judge, however, rejected the reason put
forth on the ground that the defect could be overcome by identifying at least
two pukhta points by identifying the said points on the site plan pertaining to
subject land. Furthermore, the learned Judge observed that the demarcation
W.P.(C) 590/2013 page 1 of 3
could take place by using the Total Station Machine Method.
4. Insofar as this application is concerned, the stand taken, in sum, by
respondent No.5 is that the subject land was bifurcated into three parts, i.e.
30/1 (2-8), 30/1(0-12) and 30/3 (17-2). This bifurcation, according to
respondent No.5, took place in 1915-1916.
4.1 It is further stated that in 1949-50 one of the bifurcated khasras, i.e.
Khasra No.30/1(2-8), was further divided into two part, i.e. Khasra Nos.30/1
and 30/1(min). It is stated that each of these parts admeasures 1 bigha and 4
biswas.
4.2 There is a further averment that in the revenue records, in 1964-65,
Khasra No.30/2 and 30/4 have been shown as banjar kadim.
4.3 In other words, this land remained fallow for a continuous period of
three years and as such was vested in Gaon Sabha.
5. Furthermore, it is averred that in 1964-65, Khasra Nos.30/1-2-3/1,
admeasuring 6 bighas and 5 biswas were acquired vide award No.1695
dated 3.4.1964.
5.1 It is the case of respondent No.5 that possession of this land was
handed over to the Delhi Development Authority (DDA) on 25.4.1964.
6. Insofar as the remaining area, which is represented by Khasra
No.30/1-2-3/2, admeasuring 13 bighas and 17 biswas was concerned, this
was, apparently, acquired vide award No.2179 dated 18.11.1996.
6.1 It is the case of respondent No.1 that possession of this land was
handed over to DDA and PWD on 3.12.1968.
7. Respondent No.5, in the application, candidly, accepts that acquisition
of the aforementioned khasras is not reflected in the revenue records.
W.P.(C) 590/2013 page 2 of 3
8. Based on the above, it is stated that the petitioner is not the owner of
subject land i.e., khasra No.30/2/2. The stand taken is that the land over
which rights are claimed by the petitioner is, in fact, the Government land
and is in possession of Government agencies.
8. Counsel for the petitioner, on the other hand, states that at this stage
he is not claiming any ownership in respect of Khasra No.30/2/2, which
admeasures 8 biswas. He says that he has come to court only to seek
demarcation.
9. Counsel for respondent No.5 says that without prejudice to the rights
and contentions of the parties, the demarcation could be carried out.
10. Accordingly, the application is disposed of with a direction to the
respondents to carry out the demarcation, as indicated in the order dated
14.3.2014 with due expedition though, no later than twelve weeks from
today.
RAJIV SHAKDHER, J
JULY 09, 2015
s.pal
W.P.(C) 590/2013 page 3 of 3
