Delhi High Court
D C Tuteja vs Union Of India & Ors. on 23 July, 2020
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 23rd July, 2020
+ W.P.(C) 3898/2020
D C TUTEJA ..... Petitioner
Through: Mr. Gaurav Bahl, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Manish Mohan, CGSC for
R-1/UOI.
Mr. Satyakam, ASC for R-2 to
5/GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
D.N. PATEL, Chief Justice (Oral)
Proceedings of the matter have been conducted through video
conferencing.
1. This Public Interest Litigation has been preferred with the following
prayers:-
"A) Issue a writ in the nature of mandamus or similar writ,
order or direction in the nature of mandamus directing
adoption of E-registration of all the documents at the Sub-
Registrar office in NCT of Delhi; and/or
B) Issue such other appropriate Writ or an Order or Direction
as this Hon'ble Court deems fit and proper in the facts and
circumstances of the case.
Signature Not Verified
Digitally Signed By:JUSTICE D
N PATEL
Location:
Signing Date:24.07.2020
09:18:34
C) Award costs of the writ in favour of the Petitioner and
against the Respondents."
2. Earlier, after hearing the counsel for the petitioner, we had issued
notice. Now, the respondent No.2 has filed a detailed status report. For ready
reference, paragraph 5 to 10 of the status report read as under:-
"5. It is submitted that the Corona Virus Disease 2019
{COVID-19) related restrictions are temporary arrangements
with the objective of curbing its spread. Normal functioning of
all Government departments including public dealing are
operational subject to certain requisite pre-cautions as
mandated for COVID-19 disease in order to curb spread.
6. It is submitted that many features of Delhi Online
Registration Information System (in short, DORIS for
convenience) application for registration of property module
are already available online. The DORIS facilities inter-alia
has following features:
(i.) Title Search: Search for registered documents with any
known details.
(ii.) Registered Deed: View scanned copy of Registered Deed
Documents online.
(iii.) Archive Search: Search for documents registered prior to
year 2002. Achieve Search is also available on website of
DORIS for all historical registered documents.
(iv.) Prohibited Property: To check for list of prohibited
properties so that general Public is aware for booked
properties which cannot be registered.
(v.) Encumbrances search: To check for dues of local bodies,
electric and water utility bills, dues of DDA, IGL and Registrar
of Companies.
Signature Not Verified
Digitally Signed By:JUSTICE D
N PATEL
Location:
Signing Date:24.07.2020
09:18:34
(vi.) DORIS B Book: For services like certified copies of
deed, inspection, NOG, Home presentation.
(vii.) Model Sale Deeds: The Model Sale Deeds are available
online to be used for preparation of sale deed. A set of model
editable auto generatable sale deeds are available to the
executants through the website of the department
(doris.delhigovt.nic.in) or
(http://delhi.gov.in/wps/wcm/connect/DoIT/Revenue/revenue/ho
me)
(viii.) Auto Trigger facility enables citizen to get e-mutation of
name in MCD Records, registration with Delhi Jal Board
(DJB), Power Utilities & IGL. These facilities of other
department are extended in addition to registration and is done
automatically on real time basis.
(ix.) Public outreach programme to popularize the facilities for
citizens in Registering Properties done by means of Newspaper
advertisement, Radio Jingle in popular FM. Through Social
media like Twitter, Facebook handle of department. The steps
taken for Public convenience and to remove the role of
middlemen (Touts) from process of registration of properties.
7. The stamp papers required for payment of stamp duty and
transfer duty are also issued online on the portal
www.eschil.com. The Delhi government has fully automated
the process of issue of e stamp papers required for paying
duties for registration of property.
8. It is submitted that time associated with registration of
property in Delhi has been considerably reduced due to
automation and simplification of procedure. The appointment
for registration of documents is online on the government
portal srams.delhi.gov.in for online submission of documents
and printing appointment token online. The registered
document after presentation is delivered on the same day after
following registration procedure.
Signature Not Verified
Digitally Signed By:JUSTICE D
N PATEL
Location:
Signing Date:24.07.2020
09:18:34
9. It is submitted that Home visit option is also available for old
age, medical unfit and disabled person and the same can be
accessed through DORIS, an additional facility extended to the
vulnerable group of society.
10. It is most humbly submitted that in order to curb any false
registration of property and to avoid unwanted litigation,
certain checks & balances are essential. This includes
presentation of parties and witnesses, examining them by sub-
registrar at the time of execution to ascertain the conduct of the
parties and verify the details. It is also pertinent to mention that
buying and selling of properties are generally once in a lifetime
opportunity for many people. So, it is necessary to have certain
check in public interest. All these steps are sine quo non for
ensuring genuine registration shall take place and any fraud or
misrepresentation for pecuniary benefit is avoided in process of
registration of properties. The same does not seem to be
possible online."
3. Having perused the above paragraphs of the status report, it appears
that Delhi Online Registration Information System (DORIS) is already
available wherein several types of facilities have been extended to the public
at large which reveals the details as to the title search, registered deed,
archive search, prohibited property, encumbrances search, model sale deeds,
etc. It also appears from paragraph 10 of the report that there is need to
maintain certain checks and balances in larger public interest, due to which
complete online E-registration of the documents is not possible at this stage.
4. In view of the aforesaid facts of the case and the reasons given by the
respondents, we see no reason to give any directions to the respondents in
the exercise of writ jurisdiction.
5. At this stage, looking to the fact that the Government of NCT of Delhi
Signature Not Verified
Digitally Signed By:JUSTICE D
N PATEL
Location:
Signing Date:24.07.2020
09:18:34
has already introduced a system i.e. "Delhi Online Registration Information
System", counsel for the petitioner seeks leave to prefer a representation
inter alia highlighting therein his suggestions for streamlining and
augmenting the online registration system.
6. Accordingly, liberty is reserved with the petitioner to prefer a
representation with proper averments and annexures so that the respondents
may appreciate the suggestions of the petitioner and can take further policy
decision. As and when such representation is preferred, the suggestions of
the petitioner shall be kept in mind by the respondents while making
amendment in the policy decision.
7. With these observations, this writ petition is hereby disposed of.
CHIEF JUSTICE
PRATEEK JALAN, J
JULY 23, 2020
kks
Signature Not Verified
Digitally Signed By:JUSTICE D
N PATEL
Location:
Signing Date:24.07.2020
09:18:34
